ter, &c., a pub- without charter or license from the general assembly first had and obtained, is declared to be a public nuisance,

lic nuisance.

Remedy by bill in equity against such railroad.

Duties of railroad commissioner.

Duty in case of accident.

Powers of.

Report of, to general assembly.

Of ejection for non-payment of fare.

Town councils may apply to railroad согроration to raise or lower highways crossed at grade. Proceedings in case of refusal.

Of appeal to commissioner, and proceedings thereon.

SEC. 19. In addition to the remedy by indictment for such nuisance, the attorney-general shall, for the purpose of abating any such nuisance, file on the part of the state in the supreme court a bill in equity against any person or corporation who may build any such railroad or portion of a railroad, and said court shall take jurisdiction of, hear, determine, decree, and proceed thereon, according to the course of equity in cases of private nuisance.

SEC. 20. The railroad commissioner shall, whenever he shall deem it expedient, personally examine into the transactions and proceedings of any railroad corporation authorized and established in this state, and report to the general assembly from time to time, whether such facilities and accommodations as are required by the second section of this chapter are furnished, and into all the other acts and doings of any such corporation, whereby the rights and privileges of this state, or of any of its citizens, may be affected.

SEC. 21. The railroad commissioner shall, upon receiving notice from any railroad corporation of any accident on said railroad, or upon public rumor of such accident, repair to the scene of such accident, and inquire into the facts and circumstances thereof; and the said commissioner shall, without charge, furnish any person injured, or the friends of any person killed, any information he may have acquired in relation to any disaster, and the names of persons from whom the same was obtained, and by whom the same may be proved.

SEC. 22. The railroad commissioner, in the discharge of his duty under this chapter, may, whenever he shall deem it proper, send for persons and papers, and examine witnesses under oath, which oath the commissioner may administer, and he may issue all necessary and proper process for the purpose aforesaid.

SEC. 23. The railroad commissioner shall, as often as twice every year, and oftener if he deem it necessary, report to the general assembly the state, the condition and proceedings of the several railroad corporations, so far as the public interests may require the same.

SEC. 24. No person shall be ejected from the cars on any railroad, for non-payment of fare, except at some regular station on said road, said cars being stopped; and every person violating the provisions of this section shall be fined one hundred dollars.

SEC. 25. If the town council of any town, wherein a turnpike or highway crossed by a railroad on a level therewith is situated, are of the opinion that it is necessary, for the security of the public, that the turnpike or way should be raised or lowered so as to pass over or under the railroad, they may, in writing, request the corporation owning the railroad so to raise or lower such turnpike or way. If the corporation neglects or refuses so to do, the town council may apply to the railroad commissioner to decide upon the reasonableness of the request.

SEC. 26. If the railroad commissioner, after due notice and hearing the parties, decide that such lowering or raising of grade is necessary for the security of the public, the corporation shall comply with the decision, and pay the costs of the application. If the commissioner shall decide that the alteration requested is not necessary, the town shall pay such costs. If the corporation unreasonably neglects or refuses to carry into effect the decision of the commissioner, the town council may proceed to do it, and may, in an action against the corporation, recover all charges and expenses occasioned by making the alteration.

crossings.

SEC. 27. Every railroad corporation, or trustees of such corpora- Flagmen, when tion, who operate railroads within this state, shall cause flagmen to be required at placed where railroads cross public highways, whenever, in the opinion of town councils, it is deemed necessary for the safety of the public.

SEC. 28. Every railroad company which shall refuse or neglect to comply with the order of a town council to establish a flagman at any crossing in the town shall for every day's neglect, after seven days from the date of the service of the order of the town council upon the president, treasurer, or any director of said company to that effect, forfeit the sum of five hundred dollars, one half to the use of the state and the other half to the use of the town.

Penalty for neglect, &c.,

to place flagmen when re

quired.

rations."

SEC. 29. Every railroad corporation shall make a report as early of report of as practicable in the month of January of each year, to the railroad railroad corpocommissioner, embracing such facts in relation to such corporation as the said commissioner shall require, and such facts in addition thereto as such railroad corporation may deem expedient.

SEC. 30. Whenever any railroad corporation, the charter whereof requires the directors to make an annual report to the general assembly, shall have passed into the hands of trustees, such trustees, instead of the directors, shall make such report, while the road remains in their hands, which report shall be approved by the state commissioners appointed by the governor, in like manner as if it had been made by the directors of such corporation.

Trustees to

make report,

when.

SECTION 1. No turnpike corporation or bridge corporation shall be capable in law to hold any land in this state in fee, or for life or lives, or for a term of years, or by any other title or tenure, for any other use, than such as is provided in the charter of such corporation; but nothing herein contained shall be construed to affect any title already acquired by any such corporation, in conformity to power contained in its charter.

SEC. 2. If at any time any turnpike-road or toll-bridge shall not be in suitable and proper repair, any justice of the supreme court, upon complaint to him made for that purpose, may cause the gate or gates on said road or bridge to be opened and remain open until, in the opinion of said justice, the said road or bridge shall be put in proper and suitable repair; and the cost of such complaint shall be paid by the company owning said road or bridge, if, in the opinion of

Lands, how held by bridge corporations. and turnpike

Provision in case bridges and turnpikes are not kept in repair.

Accounts of

the said justice, the same shall be well founded; otherwise by the complainant.

SEC. 3. Every turnpike-road and toll-bridge corporation shall keep tolls to be kept. an accurate account of the toll actually received at its gate or gates, and have such account at all times in readiness for the examination of the general assembly.

Penalty for exacting more

than legal toll.

Of transfer by such corporations to towns

way.

SEC. 4. The keeper of every toll-gate on any turnpike-road or toll-bridge, who shall hereafter demand and receive any greater toll for passing through the gate whereof he is keeper than is by law allowed, shall forfeit to the use of the complainant, for the first offence not less than two dollars, nor more than five dollars; and for each and every subsequent offence, twenty dollars.

SEC. 5. Every turnpike corporation or toll-bridge corporation shall have power and authority to transfer and convey, for a public highfor public high- way, to any town in or through which the turnpike-road or toll-bridge, or any part thereof, of such corporation passes, all the right, title, and interest of such corporation in and to such turnpike-road or tollbridge, within such town, and to the franchise thereof, upon such terms as may be agreed upon by the corporation and the town council of such town; and any compensation or damages to be paid therefor to such corporation by such town shall be paid out of the town treasury of such town; and the amount so received by any such corporation shall be first applied to the payment of any debts of such corporation.

Effect of such transfer.

Notice to be given before accepting such transfer; how and to whom given.

SEC. 6. Whenever a transfer and conveyance of any turnpike-road or toll-bridge, or any part thereof, shall be made as aforesaid, the rights, privileges, duties, and obligations of such corporation, so far as they relate to the part of the road or toll-bridge conveyed, shall cease; and from thenceforth said road or toll-bridge, or any part thereof, as aforesaid, shall and may be established and used as a public highway of such town, with all the rights and privileges, duties and obligations, appertaining to highways therein.

SEC. 7. The town council shall cause notice to be given to all known parties owning land through which such turnpike-road or tollbridge passes in said town, to appear before them, if they shall see cause, and be heard for or against accepting the conveyance of such turnpike-road or toll-bridge for a public highway by the town; personal notice shall be given to parties residing in said town, and notice to parties residing out of the town, or without the state, shall be given in such manner as said town council shall direct; but notice may be dispensed with to the owners of said land, who shall signify in writing their assent and approval of such conveyance.

SECTION

SECTION

5. Notice of formation of corporation to be given, how.

6. What property such corporation may hold, &c.

7. Powers and liabilities of such cor-
poration.

SECTION 1. Any five or more persons may associate themselves together and become a corporation, for either of the following pur

poses: :

First. To establish and maintain literary and scientific associations.

Second. To promote knowledge and skill among the members by the establishment of a library, lyceum, musical, agricultural, literary,

or scientific association.

Third. To organize fire-engine companies.

For what purformed.

poses may be

SEC. 2. Every such association shall be formed by written articles, How formed. specifying the object of the association, and the conditions on which

it is formed and subscribed by each member thereof.

SEC. 3. The first meeting shall be notified, organized, and holden First meeting in the manner prescribed in the articles of association.

of.

SEC. 4. Any such association may adopt a corporate name, either Corporate in the original articles or by vote at the first meeting thereof.

name.

SEC. 5. Every such corporation shall give public notice of its for- Notice of formation, name, and object, by publishing such notice three weeks suc- mation, how given. cessively, in some newspaper printed in the county in which such association is formed; or, if no newspaper is published in such county, then in some adjoining county; and by causing its articles of association and any alteration thereof, to be recorded in the town clerk's office of the town where such association is formed.

SEC. 6. Any such corporation may take, hold, transmit, and con- What property vey real and personal estate, to any amount not exceeding ten such corporathousand dollars, in addition to the value of its building, and the tion may hold. lot whereon it stands, and of its books, maps, pictures, and library

furniture.

SEC. 7. Whenever such corporation shall be organized, it shall Powers and liahave all the powers and privileges, and be subject to all the duties bilities of. and liabilities, of a corporation organized according to the provisions of the one hundred and thirty-ninth chapter, so far as the said provisions shall be applicable in such case, and not inconsistent with this chapter.

CHAPTER 148.

OF PROPRIETORS OF COMMON AND UNDIVIDED LANDS.

SECTION 1. Powers of proprietors of common and undivided lands.

WHEREAS, there is still remaining within several of the towns of Preamble. this state lands belonging to the original proprietors thereof, lying common or undivided, for the better government of said proprietors, the management of their prudential affairs, the more just and equal division of said lands, and the allotments thereof, and the preservation of the boundaries of the same:

SECTION 1. It shall be lawful for the proprietors of the several

Powers of proprietors of com

vided lands.

mon and undi- towns within this state, being convened by warrant specifying the occasion thereof, under the hand and seal of a justice of the peace of said town, to choose a clerk, and a surveyor or surveyors, and such other officers, as they shall judge necessary for the orderly carrying on and management of their affairs, and in like manner to proceed from time to time as shall be necessary.

TITLE XX.

OF THE DOMESTIC RELATIONS.

CHAPTER 149. Of marriage.

CHAPTER 150. Of the adoption of children.

CHAPTER 151. Of husband and wife.

CHAPTER 152. Of the property of married women, and of the disposition of the same.

CHAPTER 153. Of divorce.

CHAPTER 154. Of guardian and ward.

CHAPTER 155. Of masters, apprentices, and of factory and other labor

ers.

What kindred

a man cannot marry.

SECTION 1. No man shall marry his mother, grandmother, daughter, son's daughter, daughter's daughter, stepmother, grandfather's wife, son's wife, son's son's wife, daughter's son's wife, wife's mother, wife's grandmother, wife's daughter, wife's son's daughter, wife's daughter's daughter, sister, brother's daughter, sister's daughter, father's sister, mother's sister.