Cornell University Law 1 Library i The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 1 IN nenoRY of JUDGE DOUQLASS BOARDMAN FIHBT DEAN OF THE BCHOOL By his Wife and Daughter A. M. BOARDMAN and ELLEN D. WILLIAMS Cornell University Library KFN5490.A3 1892 General railroad law? ?! .the ,§tate of N^^^ 3 i"924022' 799 898 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022799898 THE GENERAL RAILROAD LAWS OF THE Stat EOF New York, INCLUDING THK General Corporation Law, THE STOCK CORPORATION LAW, THE RAILROAD LAW AND THE CONDEMNATION LAW, BEING THE Laws Relating to Eaileoad Ookpobations, as Eevised by the Commissioners of Statutoby Eevision, and Enacted by THE Legislatures of 1890 and 1892, and the Other Laws Specially Applicable to Eailboad Corporations. .< V,*''','^'^"'^ Compiled by R. C. GUMMING and MICHAEL DANAHER. X . ALBAI?Y: JAMES B. LYON, PUBLISHEB. 1892. COPYRIGHT, 1892, BY JAMES B. LYON. TABLE OF CONTENTS. PAQE. Qeneral Corporation Law 3 Repealing schedule of General Corporation Law 20 Stock Corporation Law. .]!. 39 Bailroad Law 50 Condemnation Law 132 General laws relating to railroad corporations 146 Acts governing railroads and their employees in manageinent of road, 182 Bonding of towns, and railroad aid debts 213 Code of Criminal Procedure provisions 219 Penal Code provisions '223 The Bapid Transit Act 243 The Interstate Commerce Act 269 THE GENERAL RAILROAD LAWS. THE GENERAL CORPORATION LAW. Laws 1892, Chapteb 687. An act to amend the general corporation law. Appkoved by the Governor May 18, 1892. Passed, three-flf ths being present. The People of the Staieof New York, represented in Senate and Assembly, do enact as follows: , The general corporation law is amended to read as follows, to take effect immediately : CHAPTER XXXV OF THE GENERAL LAWS. The General Coepoeatiom Law. Section 1. Short title. 2. Olassiflcation of corporations. 3. Definitions. 4. Qualiflcations of incorporators. 5. Filing and recording certificates of incorporation . 6. Corporations of the same name prohibited. 7. Amended and supplemental certificates. 8. Lost or destroyed certificates. 9. Certificate and other papers as evidence. 10. Prohibition of other than statutory powers. / 11. Grant of general powers. 12. Limitation of amount of property of a non-stock corporation. 13. Acquisition of additional real property. 14. Acquisition, of property in other states. 15. Certificate of authority of a foreign corporation. 16. Proof to be filed before granting certificate. 17. Acquisition of real property in this state by certain foreign corporations. 18. Acquisition by foreign corporations of real property in this state upon judicial sales. 19. Prohibition of banking powers. 20. Qualification of members as voters. 21. Proxies. 22. Challenges. 23. Effect of faUure to elect directors. 24. Mode of calling special election of directors. 25i Mode of coaducting special election of directors! 4 The Genbbal Cobporation Law. Section 26. Qualification of voters and canvass of votes at special elections. 27. Powers of supreme court respecting elections. 28. Stay of proceedings in actions collusively brought. 29. Quorum of directors and power of majority. 30. Directors as trustees in case of dissolution . 31. Forfeiture for non-user. 32. Extension of corporate existence. 33. Conflicting corporate laws. 31. Laws repealed. 35. Saving clause. 36. Construction. 37. Law revived . Section 1. Short title. — This chapter shall be known as the general corporation law. • § 2. Classification of corporations. — A corporation shall be either, 1. A municipal corporation, 2. A stock corporation, 3. A non-stock corporation, or 4. A mixed corporation. A stock corporation shall be either, 1. A monied corporation, 2. A transportation corporation, or 3. A business corporation. A non-stock corporation shall be either, 1. A religious corporation, or 2. A membership corporation. A mixed corporation shall be either, 1. A cemetery corporation, 2. A library corporation, 3. A co-operative corporation, 4. A board of trade corporation, or 5. An agricultural and horticultural corporation. A transportation corporation shall be either, 1. A railroad corporation, or 2. A transportation corporation other than a railroad corporation. A membership corporation shall include benevolent orders and fire and soldiers' monument corporations. A reference in a general law to a class of corporations described in accordance with this classification shall include all corporations theretofore formed belonging to such class. New. The Genebal Coepobation Law. 5 § 3. Definitions. — A municipal corporation includes a county, town school district, village and city and any other territorial division of the state established by law with powers of local government. A stock corporation is a corporation having capital stock divided into shares. A mixed corporation is a corporation which may or may not have capital stock at its option. A monied corporation is a corporation formed under or subject to thebanking or the insurance law. A domestic corporation is a corporation incorporated by or under the laws of the state or colony of New York. Every corporation, which is not a domestic corporation, is a foreign corporation. The term, directors, when used in relation to corporations, shall include trustees or other persons, by whatever name known, duly appointed or designated to manage the affairs of the corporation. The term, certificate of incorporation, shall include articles of asso^ ciation or any other written instruments required by law to be filed, to effect the incorporation of a corporation, including a certified copy of an original certificate of incorporation filed for such purpose in pursuance of law. The term, member of a corporation, shall include every person having a right to vote at a meeting of the corporation for the election of directors, other than a person having a right to vote only upon a proxy. The term, office of a corporation, means its principal office within the state, or principal place of business within the state if it has no principal office therein. The office of a stock corporation shall be in the county, town or city in which its business is pincipally carried on. The term, business of a corporation, when used with reference to a non-stock corporation, includes the operations for the conduct of which it is incorporated. The term, corporate law or laws, when used in any law forming a part of the revision of the general laws of the state of which this chapter is a part, means the general laws of the state relating to cor- porations included in such revision. Former section 2, amended. § 4. Qualification of incorporators. — A certificate of incorpora- tion must be executed by natural persons, who must be of full age, and at least two-thirds of them must be citizens of the United States and a majority of them residents of this fetate. 6 The General Cobpobation Law. This section shall not apply to a corporation formed by the re-incor- poration or consolidation of existing corporations, or to the reorgan- ization of a corporation upon the sale of the property and franchises of a previously existing corporation or otherwise. New. '' § 5. Filing and recording certificates of incorporation.— Every certificate of incorporation and amended or supplemental certi- ficate hereafter executed, except of a religious, cemetery, monied, municipal or fire department corporation, shall be filed in the ofSce of the secretary of state, and shall be by him duly recorded and indexed in books specially provided therefor; and a certified copy of such cer- tificate or amended or supplemental certificate with a certificate of the secretary of state of such filing and record, or a duplicate original of such certificate or amended or supplemental certificate shall be filed and similarly recorded and indexed in the office of the clerk of the county in which the office of the corporation is to be located, or, if it be a non-stock corporation, and such county be not determined upon at the time of executing the certificate of incorporation, in such county clerk's office as the judge approving the certificate shall direct. All taxes required by law to be paid before or upon incorporation and the fees for filing and recording such certificate must be paid before filing. No corporation shall exercise any corporate powers or privileges until such taxes and fees have been paid. Former section 3 amended. § 6. Corporations of the same name prohibited.— No certifi- cate of incorporation of a proposed corporation having the same name as an existing domestic corporation, or a name so nearly resembling it as to be calculated to deceive, shall be filed or recorded in any office for the purpose of effecting its incorporation. A corporation formed by the reincorporation, reorganization or consolidation of other corporations or upon the sale of the property or franchises of a corporation, may have the same name as the corporation or one of the corporations to whose franchises it has succeeded. Former section 4 amended. § 7. Amended and supplemental certificates.— If in the original or amended certificate of incorporation of any corporation, or if in a supplemental certificate of any corporation any informality exist, or if any such certificate contain any matter not authorized by law to be stated therein, or if the proof or acknowledgment thereof The General Oobpobation Law. 7 shall be defective, the corporators or directors of the corporation may make and file an amended certificate correcting such informality or defect or striking out such unauthorized matter; and the certificate amended shall be deemed to be amended accordingly as of the date such amended certificate was filed, and upon the filing of such an amended certificate of incorporation, the corporation shall then for all purposes be deemed to be a corporation from the time of filing the original certificate. The supreme court may, upon due cause shown, and proof made, and upon notice to the attorney-general, and to such other persons as the court may direct, and upon such terms and conditions as it may impose, amend any certificate of incorporation which fails to express the true object and purpose of the corporation, so as to truly set forth such object and purpose. When an amended or supplemental certificate is filed, an entry shall be made upon the margin of the index and record of the original certificate of the date and place of record of every such amended certificate. The amendment of a certificate under this section shall be without prejudice to any pending action or proceeding, or to any rights pre- viously accrued. Former section 5, amended. § 8. Lost OF destroyed certificates.— If either of the certifi- cates of incorporation shall be lost or destroyed after filing, a certified copy of the other certificate may be filed in the place of the one so lost or destroyed and as of the date of its original filing, and such certified copy shall have the same force and effect as the original certificate had when filed. Former section 6, without change. §9. Certificate and other papers as evidence.— The certifi- cate of incorporation of any corporation duly filed shall be presump- tive evidence of its incorporation, and any amended certificate or other paper duly filed relating to the incorporation of any corporation, or its existence or management, and containing facts required by law to be stated therein, shall be presumptive evidence of the existence of such facts. Former section 7, without change. § 10. Proliibition of otlier than statutory powers.— No corporation shall possess or exercise any corporate powers not 8 The GENEBAii Oobpoeation Law. expressly given by law or not necessary to the exercise of the powers so given. Former section 9, not changed except in phraseology. § 11. Grant of general powers.— Every corporation as such has power, though not specified in the law under which it is incorporated : 1. To have succession for the period specified in its certificale of incorporation or by law, and perpetually when no period is specified. 2. To have a common seal, and alter the same at pleasure. 3. To acquire by grant, gift, purchase, devise or bequest, to hold and to dispose of such property as the purposes of the corporation shall require, subject to such limitations as may be prescribed by law. 4. To appoint such officers and agents as its business shall require, and to fix their compensation, and 5. To make by-laws, not inconsistent with any existing law, for the management of its property, the regulation of its affairs, and the transfer of its stock, if it has any. Such by-laws may also fix the amount of stock, which must be represented at meetings of the stock- holders in order to constitute a quorum, unless otherwise prr more, according to the last federal census or state enumeration, must contain the condition that the right, franchise and privilege of using any street, road, highway, avenue, park or public place shall be sold at public auction to the bidder who will agree to give the city the largest percentage per annum of the gross receipts of such corporation, with a bond or undertaking in such form and amount and with such conditions and sureties as may be required and approved by the comptroller or other chief fiscal officer of the city for the fulfillment of such agreement and for the commencement and completion of its railroad within the times hereinafter designated, according to the plan or plans and on the route or routes fixed for its construction. Whenever such consent shall provide for the sale at public auction of the rights to construct and operate a branch or extension of an existing railroad such consent shall provide that but one fare shall be exacted for passage over such branch or extension and over the line of road which shall have applied therefor, and, further, that if such right shall be purchased by any cor- poration other than the applicant, that the gross receipts from joint business shall be divided in the proportion that the length of such extension or branch so sold shall bear to the entire length of the road which shall have applied therefor and of such branch or extension, and that if such right shall be purchased by the applicant, the percentage to be paid shall be calculated on such por- tion of its gross receipts as shall bear the same proportion to the whole value thereof as the length of such extension or branch shall bear to the entire length of its road. The bidder to whom such right, franchise and privilege may be sold must be a duly incor- porated railroad corporation of this state, organized to construct, maintain and operate a street railroad in the city for which such con- sent may be given; but no such corporation shall be entitled to bid at such sale unless at least five days prior to the day fixed for such sale, or five days prior to the day to which such sale shall have been 94 The Eailboad Law. duly adjourned, the corporation shall have filed with the comptroller or other chief fiscal officer of the city, a bond in writing and under seal, with sufficient sureties to be approved by such comptroller or officer, conditioned that if such right, franchise and privilege shall be sold to such corporation, to pay to the city where such railroad is situated the sum of fifty thousand dollars as liquidated damages and not by way of penalty in the event of the failure of such bidder to fulfill the terms of sale, comply with the provisions of this article pertinent thereto, and complete and operate its railroad according to the plan or plans and upon the route and routes fixed for its con- struction within the time hereinafter designated for the ^ construction and completion of its railroad, and also conditioned to pay to the corporation first applying for the consent, if it shall not be the suc- cessful bidder, the necessary expenses incurred by such corporation prior to the sale pursuant to requirement and direction of the local authorities, within twenty days after such sale and upon the certifi- cate of the comptroller or other officer conducting the same as to the sum or amount to be paid. Notice of the time and place and terms of sale, and of the route or routes to be sold, and of the conditions upon which the consent of the local authorities to the construction, operation and extension of such street railroad will be given, must be published by such authorities for at least three successive weeks, and in any city having two or more daily newspapers, at least three times a week in two of such papers to be designated by the mayor, and in any city where two daily newspapers are not published, at least once a week in a newspaper published therein to be designated by the mayor. The comptroller or other chief fiscal officer of the city shall attend and conduct such sale and may twice adjourn the same, but not more than four weeks in all, and shall cancel any bid if the bidder shall not have furnished adequate security entitling such bidder to bid, or shall otherwise fail to comply with the terms and conditions of sale, and shall resell the consent and license in the same manner as hereinbefore provided for the first sale. The bidder who may build and operate such railroad shall at all times keep accurate books of account of the business and earnings of such railroad, which books shall at all times be subject to the inspection of the local authorities. In the event of the failure or refusal of the corporation operating or using such railroad to pay the rental or percentage of gross earnings agreed upon, and after notice of not less than sixty days to pay the same, the local authorities interested therein may apply to any court having jurisdiction upon at least twenty days' notice to such corpora- tion, and after it shall have had an opportunity to be heard in its The Eailboad Law. 95 defense, for judgment declaring the consent and right to operate and use such railroad forfeited and authorizing the sale algain of the same in the manner hereinbefore prescribed, provided, however, that no such resale of any such consent and right heretofore granted shall be authorized except upon the condition that the same shall be subject to all liens and incumbrances existing on said railroads at the time such forfeiture may have been declared. All consents hereafter given by the local authorities shall cease and determine at the expiration of two years thereafter, and every such consent heretofore given to a corporation incorporated under chapter two hundred and fifty-two of the laws of eighteen hundred and eighty-four for the purpose of constructing and operating a street surface railroad only wholly south of the Harlem river shall continue until June 30, 1893, when it shall cease, unless prior thereto the consent of a sufScient number of the property owners or the order of the general term in lieu thereof shall have been first obtained, and the provisions of this section shall apply to all applications for such consents, made under any statute either before or after the passage of this chapter, and not finally acted upon at the time of its passage. Whenever it shall be desired to unite two street surface railroad routes at some point not over one- half mile from such respective lines or routes, and establish by the construction of such connection a new route for public travel, and the corporation or corporations owning or using such railroads shall consent to operate such connection as a part of a continuous route for one fare, and it shall appear to the local authorities that such connection can not be operated as an independent railroad without inconvenience to the public, but that it is to the public advantage that the same should be operated as a continuous line or route with existing railroads, or whenever, for the purpose of connecting with any ferry or railroad depot, it shall be desired to construct an exten- sion or branch not more than one-half mile in length, of any street surface railroad corporation, no sale of such franchise shall be made as provided in this section, but any consent of the local authorities for the construction and operation of such connection, extension or branch shall provide that the corporation or corporations operating such connection, extension or branch shall pay into the treasury of said city annually the percentage provided for extensions or branches in section ninety-five of this chapter, for the purposes, at the times, in the manner and upon the conditions set fortn in such sectio^i. Nothing herein contained shall be construed as applying to or affecting or modifying the terms of a certain contract bearing date January 1, 1892, entered by and between the city of Buffalo and the 96 The Railroad Law. various street surface railroad corporations therein named in such contract. {As amended by L. 1892, oh. 676, taking effect June 7, 1892.) But see also eh. 306, L. 1892, post.) § 94. Proceedings if property owners do not consent.— If the consent of property owners required by any provision of this article can not be obtained, the corporation failing to obtain such consents may apply to any general term of the supreme court held in the department in which it is proposed to construct its road for the appointment of three commissioners to determine whether such railroad ought to be constructed and operated. Notice of such appli- cation must, at least ten days prior thereto, be served, personally, upon each non-consenting property owner by delivering the same to the person to whom such property is assessed upon such assessment- roll or by duly mailing the same, properly folded and directed, to such property owner at his post-office address with the postage pre- paid thereon. If the person upon whom service is to be made is unknown, or his residence and post-office address are unknown and can not by reasonable diligence be ascertained, service of such notice may be made by publishing the same in such newspaper of the county as the court may direct, at least once a week for two suc- cessive weeks. Upon due proof of service of such notice the court to which the application is made shall appoint three disinterested persons, who shall act as commissioners, and who shall, within ten days after their appointment, cause public notice to be given of their first meeting in the manner directed by the court, and may adjourn from time to time, until all their business is completed. Vacancies may be filled by the court after such notice to parties interested as it may deem proper to be given ; and the evi- dence taken before as well as after the happening of the vacancy shall be deemed to be properly before such commissioners. After a public hearing of all parties interested, the commissioners shall determine whether such railroad ought to be constructed and operated, and shall make a report thereon, together with the evidence taken, to the general term, within sixty days after appointment, unless the court, or a judge thereof, for good cause shown, shall extend such time; and their determination that such road ought to be constructed and operated, confirmed by such court, shall be taken in lieu of the consent of the property owners herein- before required. The commissioners shall each receive ten dollars for each day spent in the performance of their duties and their necessary expenses and disbursements, which shall be paid by the The Eaxlboad Law. 97 corporation applying for their appointment. (As amended by L. 1892, ch. 676, taking effect June 7, 1892.) § 95. Percentage of gross receipts to be paid in cities or villages ; report of oflacers.— Every corporation building or operating a railroad, or a branch or extension thereof, under the provisions of this article, or of chapter 252 of the laws of 1884, withia any city of this state having a population of 1,200,000 or more, shall, for and during the the first five years after the commencement of the operation of any portion of its railroad annually, on November first, pay into the treasury of the city in which its road is located, to the credit of the sinking fund thereof, three per cent of its gross receipts for and during the year ending September thirtieth next preceding; and after the expiration of such five years, make a like annual pay- ment into the treasury of the city to the credit of the same fund, of five per ' cent of its gross receipts. If a street surface railroad corporation existing and operating any such railroad in any such city on May 6, 1884, shall have thereafter extended its tracks or con- structed branches therefrom, and shall operate such branches or extensions under the provisions of chapter 252 of the laws of 1884, or of this article, such corporation shall pay such percentages only upon such portion of its gross receipts as shall bear the same proportion to its whole gross receipts as the length of such extension or branches shall bear to the entire length of its line. In any other incorporated city or village the local authorities shall have the right to require, as a condition to their consent to the construction, operation or extension of a railroad under the provisions of this article, the payment annually of such percentage of gross receipts, not exceeding three per cent, into the treasury of the city or village as they may deem proper. In case of extension the amount to be paid shall be ascertained in the manner heretofore provided. The corporation failing to pay such percentage of its gross earnings, shall, after November first, pay in addition thereto five per cent a month on such percentage until paid. The president and treasurer of any cor- poration required by the provisions of this article to make a payment annually upon its gross receipts shall, on or before November first in each year, make a verified report to the comptroller or chief fiscal officer of the city of the gross amount of its receipts for the year ending September thirtieth, next preceding, and the books of such corporation shall be open to inspection and examination by such comptroller or officer, or his duly appointed agent, for the purpose of ascertaining the correctness of its report as to its gross receipts. 13 98 The Eailboad Law. The corporate rights, privileges and franchises acquired under this article or such chapter by any corporation, which shall fail to comply with all the provisions of this section, shall be forfeited to the people of the state, and upon judgment of forfeiture rendered in an action brought in the name of the people by the attorney-general, shall cease and determine. {As amended by L. 1892, ch. 676, UM,ng effect June 7, 1892.) L. 1884, ch. 252, § 8. L. 1889, ch. 564. § 96. Extension of route over rivers; terminus in other counties; -when property owners -withold consent supreme court may appoint commissioners. — Any street railroad except in the counties of New York or Bangs, now in operation in this state, which shall, by a two-thirds vote of its directors, decide to extend the route of its road, so as to cross the Hudson river over and by any bridge now or hereafter constructed under the provisions of any law of this state, may so extend their route over and across such bridge upon such terms as may be mutually agreed upon between it and such bridge company, and may locate the terminus of their road in the county adjoining the one in which their road is now located and in operation. Upon first obtaining the consent of such bridge com- pany or its lessees, and the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authori- ties having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad, or in case the consent of such property owners can not be obtained the general term of the supreme court in the district in which it is proposed to be constructed may, upon application, appoint three commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be conBtructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners. § 97. Use of tracks of other roads. — Any railroad corporation in this state, whose cars are run and operated by horses or other motive power, authorized by this article, upon the surface of the street, excepting in the city and county of New "Sork, may, for the purpose of enabling it to connect with and run and operate its cars between its tracks, and a depot or car-house owned by it, run upon, intersect- and use, for not exceeding five hundred feet, the tracks of any other railroad corporation, the cars of which are run and operated in like The Railboad Law. 99 manner with the necessary connections and switches for the proper working and accommodation of the cars upon such tracks, and in con- nection with such depot or car-house, upon paying therefor such com- pensation as it may agree upon ^vith the corporation owning the tracks to be so run upon, intersected, and used; and in case such corporations can not agree upon the amount of such compensation, the same shall be ascertained and determined in the manner pre- scribed in the condemnation law. § 98. Repair of streets ; rate of speed ; removal of ice and snovr . — Every street surface railroad corporation so long as it shall continue to use any of its tracks in any street, avenue or public place in any city or village, shall have and keep in permanent repair that portion of such street, avenue or public place between its tracks, the rails of its tracks, and two feet in width outside of its tracks, under the supervision of the proper local authorities, and whenever required by them to do so, and in such manner as they may prescribe. In case of the neglect of any corporation to make pave- ments or repairs after the expiration of thirty days notice to do so, the local authorities may make the same at the expense of such corpora- tion, and such authorities may make such reasonable regulations and ordinances as to the rate of speed, mode of use of tracks, and removal of ice and snow, as the interest or convenience of the public may require. A corporation whose agents or servants willfully or negli- gently violate such an ordinance or regulation, shall be liable to such city or village for a penalty not exceeding five hundred dollfirs to be specified in such ordinance or regulation. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.) § 99. Within what time road to be built. — In case any such corporation shall not commence the construction of its road or of any extension thereof, within one year after it has obtained the consent of the local authorities and property owners, or the determination of the general term as herein required, and shall not complete the same within three years after obtaining such consents, its rights, privileges and franchises shall cease and determine. If the performance of any such act, within such time, is prevented by legal proceeding, such court may also extend such time during the time that performance is so prevented. The time for compliance with the requirements of this section by a street surface railroad corporation incorporated for the purpose of constructing a street surface railroad only, wholly south of the Harlem river and in cities of over twelve hundred thousand 100 The Eaileoad Law. inhabitaBts and which has heretofore obtained such consents, is hereby extended until June 30, 1893. {As amended by L. 1892, ch. 676, toting effect June 7, 1892.) § 100. Motive pO'wer. — Any street surface railroad may operate any portion of its road by animal or horse power, or by cable, elec- tricity, or any power other than locomotive steam power, which may be approved by the state board of railroad commissioners, and con- sented to by the owners of one-half of the property bounded on that portion of the railroad with respect to which a change of motive power is proposed; and if the consent of such property owners can not be obtained, the determination of three disinterested commis- sioners, appointed by the general term of the supreme court of the department in which such railroad is located, in favor of such motive power, confirmed by the court, shall be taken in lieu of the consent of the property owners. The consent of the property owners shall be obtained and the proceedings for the appoint^pent and the determina- tion of the commissioners and the confirmation of their report shall be conducted in the manner prescribed in sections 91 and 94 of this article so far as the same can properly be made applicable thereto. Any railroad corporation making a change in its motive power under this section, may make any changes in the construction of its road or roadbed or other property rendered necessary by the change in its motive power. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.) § 101. Rate of fare. — No corporation constructing and operating a railroad under the provisions of this article, or of chapter 252 of the laws of 1884, shall charge any passenger more than five cents for one continuous ride from any point on its road, or on any road, line or branch operated by it, or under its control, to any other point thereof, or any connecting branch thereof, within the limits of any incorpo- rated city or village. Not more than one fare shall be charged within the limits of any such city or village, for passage over the main line of road and any branch or extension thereof if the right to construct such branch or extension shall have been acquired under the pro- visions of such chapter or of this article. This section shall not apply to any part of any road constructed prior to May 6, 1884, and then in operation, unless the corporation owning the same shall have acquired the right to extend such road, or to construct branches thereof under such chapter, or shall acquire such right under the proTisiona of this article, in which eveat its rate of fare eball not The Eailboad Law. 101 exceed its authorized rate prior to such extension. The legislature expressly reserves the right to regulate and reduce the rate of fare on any railroad constructed and operated wholly or in part under such chapter or under the provisions of this article. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.) § 102. Construction of road in street where other road is built. — No street surface railroad corporation shall construct, extend or operate its road or tracks in that portion of any street, avenue, road or highway, in which a street surface railroad is, or shall be lawfully contructed, except for necessary crossings or, in cities, villages and towns of less than 1,250,000 inhabitants, over any bridge, with- out first obtaining the consent of the corporation owning and main- taining the same, except that any street surface railroad company may use the tracks of another street surface railroad company for a dis- tance not exceeding one thousand feet, and in cities, villages and towns of less than 1,250,000 inhabitants shall have the right to lay its tracks upon and run over and use any bridge used wholly or in part as a foot bridge, whenever the court upon an application for commis- sioners shall be satisfied that such use is actually necessary to connect main portions of a line to be constructed as an independent railroad, or to connect said railroad with a ferry, and that the public con- venience requires the same, in which event the right to such use shall only be given for a compensation to an extent and in a manner to be ascertained and determined by commissioners to be appointed by the courts as is provided in the condemnation law, or by the board of railroad commissioners in cases where the corporations interested shall unite in a request for such board to act. Such commissioners in determining the compensation to be paid for the use by one corpo- ration of the tracks of another, shall consider and allow for the use of tracks and for all injury and damage to the corporation whose tracks may be so used. Any street surface railroad corporation may, in pursuance of a unanimous vote of its stockholders voting at a special meeting called for that purpose, by notice in writing, signed by a majority of the directors of such corporation stating the time, place and object of the meeting, and served upon each stockholder appear- ing as such upon the books of the corporation, personally or by mail, at his last know post-oflSce address, at least sixty days prior to such meeting, guarantee the bonds of any other street surface railroad cor- poration whose road is wholly or partly in the same city. (.4s amended by L. 1892, ch. 676, taking effect June 7, 1892.) But see ch. 306 of L. 1892, post. 102 The Eailboad Law. § 103. Abandouiueut of part of route. — Any street surface railroad corporation which is the lessee or lessor, or both, or which has the right to use the route or portion of the route of another such corporation pursuant to a lease or agreement lawfully entered into with it, may declare any portion of its own route which it may deem no longer necessary for the successful operation of its road and con- venience of the public in consequence of such lease or contract, to be relinquished or abandoned. Such declaration of abandonment must be adopted by the board of directors of the corporation under its seal, which shall be submitted to the stockholders thereof at a meet- ing called and conducted in the same manner as required by law for meetings of stockholders for the approval of leases by railroad cor- porations for the use of their respective roads. If the stockholders shall, at such meeting, ratify and adopt such declaration of abandon- ment, the secretary of the company shall so certify under the seal of the corporation, upon such declaration. Such declaration shall then be submitted to the board of railroad commissioners for its approval, and if approved by such board, such approval shall be indorsed thereon or annexed thereto, and the declaration so certified and indorsed shall be filed and recorded in the office of the secretary of state, and from the time of such filing, such portion of the route designated in the declaration shall be deemed to be abandoned. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.) New. Former section 103 has been omitted because embraced In section 78. The new section embodies that part of chapter 532 of 1889, which relates to the abandonment of route. § 104. Contracting corporations to carry for one fare ; penalty. — Every such corporation entering into such contract shall carry or permit any other party thereto to carry between any two points on the railroads or portions thereof embraced in such con- tract any passenger desiring to make one continuous trip between Buoh points for one single fare, not higher than the fare lawfully chargeable by either of such corporations for an adult passenger. Every such corporation shall upon demand, and without extra charge, give to each passenger paying one single fare a transfer, entitling such passenger to one continuous trip to any point or portion of any railroad embraced in such contract, to the end that the public con- venience may be promoted by the operation of the railroads embraced in such contract substantially as a single railroad with a single rate of fare. For every refusal to comply with the requirements of this sec- The Eaileoad Liw. 103 tion the corporation so refusing shall forfeit fifty dollars to the aggrieved party. The provisions of this section shall only apply to railroads wholly within the limits of any one incorporated city or village. {As amended by L. 1892, ch. 676, talcing effect June 7, 1892.) Former section 105, 104 having been omitted because embraced in section 78. § 105. Effect of dissolution of charter as to consents. — Whenever any street surface railroad corporation shall have been dis- solved or annulled, or its charter repealed by an act of the legislature, the consent of owners of property bounded on, and the consent of the local authorities having the control of that portion of a street or highway upon which the railroad of such corporation shall have been theretofore constructed and operated, and the order of the general term confirming the report of any commissioner that such railroad ought to be constructed or operated, shall not, nor shall either thereof, be deemed to be in any way impaired, revoked, terminated or otherwise affected by such act of dissolution, annulment or repeal, but the same and each thereof shall continue in full force, efficacy and being. The right to the further enjoyment and to the use thereof, subsequent to such act of dissolution, annulment or repeal, and of all the powers, privileges and benefits therein or thereby created, shall be sold at public auction by the local authorities within whose jurisdiction such railroads shall be, in the same manner as is provided in section 93 of this article. When such sale shall have been so made, the purchaser thereat shall have the right to the further enjoyment and use of such consents and orders, and of each thereof, and of all the powers, privileges and benefits therein or thereby created, in like manner as if such purchaser had been originally named in such con- sents, reports and orders; if such purchaser shall be otherwise authorized liy law to construct, maintain and operate a street surface railroad within the municipality within which such railroad shall be. (-4s amended by L. 1892, ch. 676, taHng effect June 7, 1892.) Former section 106. § 106. Corporate rights saved in case of failure to com- plete road ; right to operate branches ; conditions ; former consents ratified; limitations. — The corporate existence of and powers of every street surface railroad corporation, which has com- pleted a railroad upon the greater portion of the route designated in its certificate of incorporation, within ten years from the date of 104 The Bailboad Law. filing such certificate in the ofSce of the secretary of state, and which has operated such completed portion of its railroad continuously for a period of five years last past, and is now operating the same, shall continue with like force and effect, as though it had in all respects complied with the provisions of law with reference to the time when it should have fully completed its road. Every such corporation shall have the right to operate any extensions and branches of its railroad, now constructed and operated by it, which have been so con- structed and operated by it, for a period of ten years last past, with like force and effect, as though the route of such extensions and branches were designated in its certificate of incorporation. But every such street railroad corporation is authorized to operate such railroad and any extension or branches thereof, upon condition that it has heretofore, or shall hereafter, obtain the consent of the local authorities having the control of that portion of the streets, avenues or highways included in such railroad, or any extension or branches thereof, to the construction and operation of the same, and also upon the condition that it has heretofore or shall hereafter first obtain the consent of the owners of one-half in value of the property bounded on the portion of the streets, avenues or highways included in the route of such railroad, or any extension or branches thereof, to the construction and operation of the same, or in case the consent of such property owners can not be obtained, the general term of the supreme court of the department in which such railroad or any extension or branch thereof is located, may, upon application, appoint three commissioners who shall determine, after a hearing of all the parties interested, whether such railroad ought to be con- structed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners. All consents heretofore given, or grants made by local authorities having the control of the portion of any street, avenue or highway included in the route of such railroad, or any extensions or branches thereof, to any such street surface railroad corporation, are hereby ratified and confirmed and declared valid. This section shall be applicable to any such corporation in any town, city or village having less than twenty thousand inhabitants which has completed any portion of its road upon the route designated in its certificate of incorporation within the time required by law for the completion of its road. This section shall not apply to or affect any railroad corporation in the city of New York ; nor any special grant made to or authority conferred upon any street surface railroad corporation by any law of this state; nor any pending litigation; nor shall it impair existing rights, The Eailboad Law. 105 privileges or franchises of any street surface railroad corporation. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.) Former section 107. § 107. When sand may be used on tracks.— The owner or operator of any street surface railroad in cities of this state having a population of five hundred thousand or more, may place upon the space between the rails of such road, sand in sufficient quantities and no more to prevent the horses traveling thereon from slipping. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.) Former section 108. But see L. 1892, ch, 460, post. § 108. Road not to be constructed upon ground occupied by public buildings or in public parks. — No street surface railroad shall be constructed or extended upon ground occupied by buildings belonging to any town, city, county, or to the state, or to the United States, or in public parks, except in tunnels to be approved by the local authorities having control of such parks. (As amended by L. 1892, ch. 676, taking f^ect June 7, 1892.) Former section 109. §109. Center-bearing rails prohibited. — No street surface railroad corporation shall hereafter lay down in the streets of any incorporated city or village of this state what are known as "center- bearing" rails; but in all cases, whether in laying new track or in replacing old rails, shall lay down " grooved " or some other kind of rail not " center bearing " approved by the local authorities. Such grooved or other rail shall be of such shape and so laid as to permit the paving stones to come in close contact with the projectioB. which serves to guide the flange to the car wheel. Where in any city, the duty of repairing and repaving streets, as distinguished from the authorization of such paving, repairing and repaving, is by law vested in any local authority other than the com- mon council of such city, such other local authority shall be the local authority referred to in this section. {^As added by L. 1892, ch. 676, taking effect June 7, 1892.) § 110. Right to cross bridge substituted for bridge crossed for five years. — Should any street surface railroad company have crossed any bridge as a part of its route for a period of more than five years and should any other bridge be substituted therefor at any time, such company shall have the right to cross such substituted bridge and to lay and use railway tracks thereon for the transit of its 14 106 The Eailboad Law. care and to make all changes and extensions of its route subject to all the provisions of this act, as the convenient operation of its cars and the public convenience may require. (As added by L. 1892, ch. 676, taking effect June 7, 1892.) ARTICLE V. Otheb Batlboads in Cities and Counties. Section 120. Application for railway ; commissioners. 121. Oath and bond of commissioners. 122. First meeting commissioners. 123. Determination of necessity of railroad and route. 124. Adoption of plans and terms upon which road shall be built. 125. Appraisal of damages and deposit of money as security. 126. Shall prepare certificate of incorporation; proviso as to forfeiture. 127. Organization. 128. Commissioner to deliver certificate ; affldavit of directors. 129. Powers. 130. Crossing of horse railroad track. 131. Where route coincides with another route. 132. Commissioners ; to transfer plans, etc. 133. Commissioners to file report ; confirmation thereof. 134. Pay of commissioners. 135. Quorum, term of ofBce; removal; vacancies in board of commissioners. 136. Abandonment or change of route ; new commissioners ; their power and proceedings. 137. Increased deposit ; when and how required. 138. Trains to come to full stop, etc. 139. Gates. 140. Penalty for violation of this article. 141. Sections to be printed and posted. 142. Extension of time. § 120. Application for rail'way; commissioners. — Upon the application of at least fifty reputable householders and taxpayers of any county or city, verified upon oath before a justice of the supreme court, that there is need in said county or city of a steam railway in the streets, avenues and public places thereof for the trans- portation of passengers, mails or freight, the board of supervisors of such county may, within thirty days thereafter by resolution, approve of the application, and authorize its presentation to the supreme court, and if the railway is to be built wholly within the limits of a city, upon the application of a like number of householders and taxpayers of the city to the mayor thereof, such mayor may, The Eailboad Law. 107 within thirty days thereafter, indorse upon the application his approval and direction that it may be presented to the supreme court, and if the railway is to be built, partly within the limits of a city and partly without, such application shall be approved, both by the mayor of the city and the board of supervisors of the county, and its pres- entation to the supreme court authorized by them, and upon the pres- entation of such application so approved and authorized to a special term of the supreme court, held in the district where such railway is to be built, or some part thereof, the court may appoint five commissioners, resident of the city if the railway is to be built wholly within the city, and of the county, if it is to be built wholly or partly outside of the limits of a city, to determine the necessity of such railroad, the route thereof, the time within which and the conditions upon which it shall be constructed, the damages to the property owners along the line thereof and all the matters lawfully submitted to them, and discharge the duties imposed upon them by law. § 121. Oath and bond of commissioners. — "Within ten days after his appointment and before entering upon the discharge of any of the duties of his office, each commissioner shall take and subscribe the constitutional oath of office, which shall be filed in the office of the clerk of the county and shall execute a bond to the people of the state in the penal sum of twenty-five thousand dollars, with two or more sureties, to be approved by a justice of the supreme court of the department in which the railway is to be built and conditioned for the faithful performance of the duties of the office, which bond shall be filed in the office of the clerk of the county. § 122. First meeting of commissioners. — Within fifteen days after their appointment, the commissioners shall meet in some con- venient place in the county or city and organize themselves as a board with appropriate officers. § 123. Determination of necessity of railroad and route.— The commissioners shall, within thirty days after such organization, determine upon the necessity of such steam railroad, and if they find it to be necessary, they shall, within sixty days after such organiza- tion fix and determine the route therefor, and shall have the exclusive power to locate such route, over, under, through or across streets, avenues, places or lands in such county or city, and to provide for the connection or junction with any other railway or bridge, if the con- sent of the owners of one-half in value of the property bounded on 108 The Eaileoad Law. and the consent of the local authorities having control of that portion of a street or highway, upon which it is proposed to construct or operate such railway have been first obtained. If the consent of such property owners can not be obtained, the determination of three com- missioners appointed by the general term of the supreme court of the department where the railroad is to be constructed, made after due hearing of all parties interested, and confirmed by the court, that such railway ought to be constructed and operated, may be taken in lieu of the consent of such property owners. No such railway shall be located in or upon such portion of any street, avenue, place or lands in such county as are now occupied by an elevated or underground railway or in which such railway has already been authorized by law to be so located and constructed, or which are contained in public parks, or occupied by buildings belonging to the county or the state United States, or in or upon the following streets, avenues and public places, viz. : Broadway, Fifth avenue. Fourth avenue above Forty- second street, in the city of New York; Debevoise place, Irving place Lefferts place, those portions of Grand, Classon and Franklin avenues and Dowling street lying between the southerly line of Lexington avenue and the northerly line of Atlantic avenue, that portion of Classon avenue lying between the northerly line of Lexington avenue and the southerly line of Park avenue, and that portion of Washing- ton avenue lying between Park and Atlantic avenues in the city of Brooklyn; and that portion of the city of Buffalo lying between Michi- gan and Main streets, but such railway may be located and constructed across such excepted streets, avenues and places at their intersection only with other streets, avenues and places. {As amended by L. 1892 ch. 676, taking effect June 7, 1892.) § 124. Adoption of plans, and terms upon which road shall be built. — The commissioners by such public notice, and under such conditions, and with such inducements as they maj pre- scribe, shall invite a submission of plans for the construction and operation of such railway, and shall meet at a time and place in such notice named, not more than ninety days after their organization, and decide upon plans for the construction thereof, with the necessary supports, turnouts, switches, sidings, connections, landing-places, stations, buildings, platforms, stairways, elevators, telegraph and sig- nal devices, or other requisite appliances, upon the routo or location determined upon by them. They shall upon notice to the local authorities, and after hearing all parties interested, fix and determine what compensation, if any, in a gross sum, or in a certain percentage Thk Eailboad Law. 109 of receipts, shall annually be paid to the local authorities by the corporation formed for the purpose of constructing, maintaining and operating such railway for public use in the conveyance of persons and property, for the use and occupation by the corporation of the streets, avenues and highways in and upon which its railway is to be constructed, and the time when such railway, or a portion thereof, shall be constructed and ready for operation, and the maximum rates to be paid for transportation and conveyance thereon, and the hours during which special cars or trains shall be run at reduced rates of fare; and the amount of the capital stock of such corporation and the number of shares into which it shall be divided, and the per- centage thereof to be paid in cash on subscribing for such shares. The commissioners may select two or more routes, upon one of ^hich such railway may be constructed and operated; and the local authorities may consent to the construction and operation of such railway upon one or more of such routes, or parts thereof; and the commissioners shall have power to change and readopt routes and plans for the constiuction and operation of such railway, after they have been submitted to the local authorities, in cases where such authorities may recommend such changes, or may not be willing to con- sent to the construction or operation of the railway, upon the routes, and plans adopted, unless such changes are made therein. (^s amended by L. 1892, ch. 676, taking effect June 7, 1892.) § 125. Appraisal of damages and deposit of money as security, — The commissioners shall, within one hundred and ten days after their organization, ascertain and determine the aggregate pecuniary damage arising from the diminution in the value of the property bounded on that portion of such street or streets, highway or highways, upon which it is proposed to construct and operate such railway to be caused by the construction and operation thereof. For that purpose they shall view the several parcels of real property so bounded, and shall appraise separately the pecuniary damages arising from such diminution in value of each parcel thereof, and for the pur- poses of such appraisals they shall give notice of the time and place, when and where they will meet to hear the owners, or persons interested in such real property, which notice shall be published for at least ten days consecutively in at least two newspapers in the county where such railway is to be constructed, and shall take such material testimony upon the probable diminution in value of any or all such parcels to be so caused as may be offered by or in behalf of any person or party interested therein, and the aggregate sum of th« 110 The Eailboad Law. amounts bo appraised and determined by them shall be the aggregate pecuniary damage required to be ascertained and determined as above provided. No corporation which shall hereafter be organized under this article shall enter upon any street, highway or lane therein, until it shall first have deposited with some trust company, to be desig- nated by the mayor of the city within which it is proposed to con- struct the railway or any part thereof, and by the board of supervisors, when the road does not lie wholly within a city, a sum of money equal to the amount so ascertained and determined by the commissioners to be the aggregate pecuniary damage to such property within the city, or within the county outside of any city, or shall have secured the payment of such amount by depositing with such trust company negotiable securities, equivalent at their par and actual value to such aggregate amount, and approved by the mayor of the city in which such road is wholly or in part located, and by the county treasurer of the county if the road is located wholly or in part outside of the limits of such city. The court may accept in lieu of the deposit of money or securities herein required the bond of the corporation, with two or more securities, to be approved by the court, to the effect that the corporation before constructing or operating its railway in front of any premises, shall pay to the owner of the real property all the damages sustained, or which will be sustained by him, as fixed and determined by such commissioners, and the costs allowed, if any. Such bond shall be in a sum double the amount of such damages, and the securities shall justify in the aggregate to an amount equal to the amount of such bond. Such cor- poration shall also, at the same time, deposit with such trust company or with the county treasurer, as the commissioners, may direct, the sum of five thousand dollars in cash, for the payment of the expense of apportioning and distributing such fund. Unless such moneys or securities shall be deposited by such corporation within one year after it shall have obtained the consent of the local authori- ties, and of the property owners, or the confirmation by the general term of the supreme court, of the determination of three commis- E'ioners in lieu thereof, and in the case of a corporation heretofore organized within one year after it shall have obtained the confirma- tion by the general term of the supreme court of the report of three commissioners in lieu of the consent of property owners, or within one year after the commissioners appointed to ascertain and deter- mine the aggregate pecuniary damages as provided in this article, shall have made their report, then such corporation shall be deemed not to have accepted the franchises granted. Where the commission- The Eaileoad Law. Ill era shall fix and determine different periods of time within which different sections of such railway shall be constructed and ready for operation, they shall ascertain, determine, and report separately the aggregate pecuniary damage to property bounded upon that portion of such street or streets upon which each of such sections is located. Upon the deposit by the corporation as above provided of moneys or securities equivalent to the aggregate pecuniary damage to be sus- tained by any one of such sections, or of any bond given in lieu thereof, it shall immediately be vested with the right and privilege to construct its railway through such section. {As amended by L. 1892, ch. 676, tahing effect June 7, 1892.) §126. Shall prepare certificate of incorporation; proviso as to forfeiture. — The commissioners shall prepare an appropriate certificate of incorporation for the corporation in the last section men- tioned in which shall be set forth and embodied, as component parts thereof, the several conditions, requirements and particulars by such commissioners determined pursuant to the provisions of this article, and which shall also provide for the release and forfeiture to the super- visors of the county, or if the road is to be constructed wholly or partly within a city, to such city, of all rights and franchises acquired by such corporation in case such railway or railways shall not be completed within the time and upon the conditions therein provided; and the commissioners shall thereupon and within one hundred and twenty days after their organization, cause a suitable book of sub- scription to the capital stock of such corporation, to be opened pur- suant to due public notice at a banking office .in such county or city. A failure by any corporation heretofore or hereafter organized under this article to complete its railway within the time limited in and by its certificate ofjincorporation shall only work a forfeiture of the fran- chises of such corporation with respect to that portion of its route which such corporation shall have failed to complete, and shall not affect the rights and franchises of such corporation to construct and operate such part of its raUway which it shall have completed within the term prescribed by its certificate of incorporation, or as to which the time for completion shall not have expired, notwithstanding any- thing to the contrary in its certificate of incorporation. § 127. Organization.— Whenever the whole capital stock of such corporation or an amount of such capital stock proportioned to the part of such railway directed by the commissioners to be constructed, shall have been subscribed by not less than fifteen persons, and the 112 The Railboad Law. fixed percentage of such subscriptions shall have been paid, in cash, the commissioners shall, by written or printed notice of ten days, served personally or by mail, call a meeting of such subscribers for organization, and appoint the inspectors of election to serve thereat At such meeting, or at any subsequent one to which the same may be adjourned, a majority in number and amount of such subscribers may elect persons, of a number to be theretofore determined by the com- missioners not less than nine, who shall be directors for one year of the corporation formed for the purposes of constructing and operating such railway. § 128. Commissioners to deliver certificate; afB.davit of directors. — Within ten days after the election of such directors the commissioners shall deliver to them a certificate in duplicate, verified by the oath of three commissioners, before a justice of the supreme court, setting forth the certificate of incorporation and the organiza- tion of the corporation for the purposes therein mentioned, and within five days after the reception by them of such certificates, three of the directors so elected shall make affidavit in duplicate that the full amount of stock has been subscribed in good faith to construct, main- tain and operate the railway or railways in such certificate of incor- poration mentioned, and such directors shall file such affidavits and certificate in the office of the secretary of state, and a duplicate of the same in the office of the clerk of the county wherein such railway shall be located ; and thereupon the persons who have so subscribed such certificate of incorporation and all persons who shall become stock- holders in such corporation shall be a corporation by the name specified in such certificate, and be subject to the duties, liabilities and restrictions of such corporations. § 129. Po'wers. — Every such corporation shall have power, in addition to the powers conferred by the general and stock corporation laws and by subdivisions two, five and seven of section eight of this chapter: 1. To take and convey persons and property on their railroad by the power or force of steam or by any motor other than animal power, and to receive compensation therefor. 2. To enter upon and underneath the several streets, avenues and public places and lands designated by the commissioners, and enter into and upon the soil of the same, to construct, maintain, operate and use in accordance with the plan adopted by the commissioners, a railway upon the route or routes and to the points decided upon The Eailboad Law;. 113 and to secure the necessary foundations and erect the columns, piers and other structures which may be required to secure safety and stability in the construction and maintenance of the railways con- structed upon such plan and for operating the same; and to make such excavations and openings along the route through which such railway shall be constructed as shall be necessary from time to time. In all cases the surface of the streets around such foundations, piers and columns shall be restored to the condition in which they were before such excavations were made, as near as may be, and any interference with or change in the water mains, or in the sewers or lamp posts, except such changes as may be made with the concurrence of the proper department or authority shall be avoided; and the use of the streets, avenues, places and lands designated by the commissioners and the right of way through the same for the purpose of a railway, as herein authorized, shall be considered and is hereby declared to be a public use, consistent with the uses for which the roads, streets, avenues and public places are publicly held. No such corporation shall have the right to acquire the use or occupancy of public parks or squares in any such city or county, or the use or occupancy of any of the streets or avenues, except such as may have been designated for the route or routes of such railway, and except such temporary privileges as the proper authorities may grant to such corporations to facilitate such construction, and no such railway shall be constructed across the track of any steam railway now in actual operation at the grade thereof, nor shall any piers or supports for any elevated railway be erected upon a railway track now actually in use in any street or avenue; and no such corporation shall construct a street surface rail- road to run in whole or in part upon the surface of any street or highway under the provisions of this article. § 130. Crossing of horse railroad track. — Whenever the route selected by the commissioners for the construction of such rail- way shall intersect, cross or coincide with any horse railway track occupying the surface of the street or avenues, such railway-corpora- tion is hereby authorized to remove, for the purpose of constructing its road, the tracks of such horse railway; but the same shall be done in such manner as to interfere as little as possible with their practical operation or working, and upon the construction of such railway, where such removals or changes have been made, the stme shall be restored as near as may be to the condition in which they were previous to the construction of such railroad. All such removals and 15 114 The Eailboad Law. restorations shall be made at the proper cost and charges of such corporation, but no authority is herein given to any such corporation to use the tracks of any horse railway. § 131. Where route coincides with another route .—When- ever the route or routes determined upon by the commissioners coin- cide with the route or routes covered by the charter of an existing corporation, formed for the purpose of constructing and operating such a railway, and it has not forfeited its charter or failed to comply ■with the provisions thereof, requiring the construction of a road or roads within the time therein prescribed, such corporation shall have the like power to construct and operate such railway upon the fulfill- ment of the like requirements and conditions imposed by the com- missioners as a corporation specially formed under this article, and the commissioners may fix and determine the route or routes by which any elevated steam railway nqw in actual operation may connect with other steam railways or the depots thereof, or with steam ferries, upon making compensation therefor, and in case such corporations can not agree with the owners of such steam railways, depots or ferries upon the amount of such compensation, and such owners may be entitled to compensation therefor, the amount of such compensation shall be ascertained and paid in the manner prescribed in the condemnation law, and upon fulfillment by such elevated railway corporation, and so far as it relates to such connection, of the requirements and con- ditions imposed by this article, it shall possess all the powers con- ferred by section 129 of this article, and when any connecting route or routes shall be so designated, such elevated railway corporation may construct such connection with all the rights and with like effect as though the same had been part of the original route of such railway. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.) Typographical error corrected. § 132. Commissioners to transfer plans, etc.— Within one month after such corporation shall have been formed and organized in the manner herein provided, the commissioners shall transfer and deliver to the corporation all plans, specifications, drawings, maps, books and papers in their possession, and they shall, within the like period of one month after the organization of such corporation, cause to be paid to the treasurer thereof all money collected under the pro- visions of fcis article, after deducting therefrom the necessary expenses incurred by the commissioners and the amounts due to them for their eialiirieBi The Eailroad Law. 115 § 133. Commissioners to file report; confirmation thereof.— The commiBsioners shall within one hundred and forty days after their appointment, make a report to a special term of the supreme court of the department in which such railway may be located, of the amount of the pecuniary damage arising from the diminution of the -value of each parcel of property bounded on that portion of the street or streets, high- way or highways, upon which it is proposed to construct such railway or railways, which will be caused by the construction, maintenance and operation thereof. The name and place of residence of the owner or owners of each parcel shall be stated if the same are known, or can be ascertained, and if not known the name of the person or per- sons appearing by the certificate of the clerk or register of the county, to have the title thereto from the records in his office, and a specific description of each parcel of property with reasonable certainty. The testimony, if any, taken by the commissioners as to the amount of such damage, shall accompany their report. Within thirty days after filing and recording its certificate of incorporation, the corporation authorized to construct and operate such railway or railways shall move to confirm such report by giving notice of such motion to the property owners in the manner in which notice of the time and place of hearing before the commissioners is required by section 125 to be given, and if the corporation fails to so move, any property owner may make the motion; and thereafter the proceedings shall be conducted in the manner prescribed in the condemnation law. Before con- structing and operating its railway in front of any real property bounded upon any street, avenue or public place wherein the cor- poration is authorized by the certificate and report of the commis- sioners to construct and operate its road, such corporation shall pay to the owner of the real property the damages sustained or which will be sustained by him in consequence thereof, as finally fixed and ascertained, and the costs allowed him, if any, and the court may direct that such damages be paid out of the moneys deposited pur- suant to the provisions of section 125, or in case negotiable securities shall have been deposited in lieu of money, that so much of such securities shall be sold as may be necessary to raise the amount required to be paid to such owner for damages and costs if any. If a bond shall have been executed in lieu of such deposit, the court may order the sureties in such bond to pay the damages so fixed and ascertained, and in default thereof, may cause them to be proceded against and punished as for a contempt of court, (^s amended by L. 1892, cA. 676i taking effect Jnne 1, 1892). 116 The Eailroad Law. § 134 Pay of commissioners. — Each of the commissionerB shall be paid for his services at the rate of ten dollars per day for each day of actual service as such commissioner, and all expenses necessarily incurred by him in the discharge of his duties, to be paid by such corporation, but if a sufficient amount of capital stock shall not be subscribed within one year after the appointment of such com- missioners to authorize the formation of such corporation, the commissioners shall receive no salary, and shall cause to be returned to the subscribers for such stock the amounts paid in by them, after deducting therefrom the necessary expenses incurred by the com- missioners, but the time, if any, unavoidably consumed by the pendency of legal proceedings shall not be deemed a part of any period of time limited by this article. § 135. Quorum ; term of office ; rem.oval ; vacancies in board of conmiissioners. — A majority of the members of any board of commissioners appointed under this article shall be a quorum for the transaction of any business or the performance of any duty or function, or the exercise of any power, conferred or enjoined upon them. Any commissioner may be removed for cause at any time by the power appointing him, but no commissioner shall be removed without due notice and an opportunity to be heard in defense ; and no commissioner thus removed is, or shall be eligible to be again appointed to the office of commissioner. In case of the death, resigna- tion or removal from office of any commissioner the vacancy shall be filled by the power appointing him, within thirty days after such removal, or within thirty days after notice in writing to such appoint- ing power given by some member of the board, or by the corporation hereinafter mentioned, of such death or resignation, and a certificate of every such appointment shall be filed as hereinbefore required, Except as otherwise provided by law, the terms of office of the com- missioners shall determine snd expire with the performance of their functions as hereinabove prescribed. § 136. Abandonment or change of route; new commis- sioners; their powers and proceedings. — Any corporation heretofore organized or hereafter to be organized under this article, its successor or assigns, which shall have constructed or put in opera- tion a railway upon a part and not upon the whole of the route fixed, determined and located for such railway by a board of commissioners, may at any time apply for authority to abandon any portion of the routs upidn which th6 railway shall not have been theretofore con- The Eaileoad Law. 117 structed or shall not then be in operation, with or without a change and relocation of such portion, and with or without extension of the portion not abandoned, or of any part thereof. Such application shall be made by petition in writing, addressed by such corporation to the board of supervisors of the county in which such portion of the route so desired to be changed or abandoned shall be situated, which is not within the limits of any city, or if such route, or any part thereof, shall be within the limits of a city, to the mayor of the city, for the route or portion thereof within such city. Five commissioners may be appointed pursuant to such an application as hereinafter provided, who shall be residents of the county or city and who shall have full power as herein provided. When such application is made by a cor- poration heretofore organized such commissioners may be appointed within thirty days after presentation of the same by such board of supervisors, or, as the case may be, by such mayor. When such application is made by a corporation hereafter to be organized under this article, such board of supervisors, or, as the case may be, such mayor, may within thirty days after presentation of such application, indorse thereon their or his approval and direction that it may be presented to the supreme court in the manner provided in section 120 of this article, and such court may thereupon appoint such commis- sioners. Within ten days after his appointment each commissioner so appointed shall take, subscribe and file the oath and give and file the bond prescribed by section 121 of this article; and if any one so appointed shall not comply with this requirement, he shall be deemed to have declined to accept such appointment, and to have made a vacancy which the appointing power shall fill by another appointment as herein provided. Within fifteen days after such appointments shall have been so made, the commissioners shall meet at some convenient place in such county and complete their organization as a board with appropriate officers. Such board shall have all the authority conferred by law upon commissioners appointed or authorized to be appointed under this article. Before proceeding to hear the application of the corporation, the board shall give such public notice as it may deem most proper and effective of the time and place of the hearing. Within thirty days after completing their organization such board shall hear the application of the corporation, and all parties who may be interested therein, and within sixty days after their organization they shall determine whether any part of such route should be authorized to be abandoned, or should be changed and relocated with or without extension or extensions. If the board shall determine that no abandonment of any part of the route should 118 The Eailboad Law. be allowed, and that no change and relocation of any part thereof should be efifected, and that no extension should be made, the board shall dismiss the application. If the board shall determine that an abandonment of any portion of the route should be allowed, or that a change in or extension thereof should be made, the board shall proceed to authorize and require the same upon such conditions as to the board shall seem proper, and with or without extension of the remainder of the route or of any part thereof, by fixing, determining and locating the route or routes of the extension or extensions, if any, and by directing the abandonment of the part of the route theretofore located, but by the board allowed to be abandoned, if any, and by fixing, determining and relocating the part of the route theretofore located, but by the board changed, if any; and the board shall cause to be made in duplicate a survey and map of the route as so changed and fixed, determined and located. Neither such corporation or any assign or successor thereof shall thereafter have any authority, by reason of anything done under this article to operate or construct any railway upon any portion of the route by the board so required to be abandoned. The board shall also fix and determine the time within which the railway by it authorized and required upon any portion of the route so changed, shall be reconstructed and ready for operation. If the railway on any portion of the route not by the board changed or allowed to be abandoned, shall not have been theretofore con- structed and made ready for operation, the board may extend, and fix and determine anew the time within which such railway shall be completed, but such extension of time shall not be for a longer period than that originally allowed by law for the completion thereof. If the board shall have determined that any portion of the route theretofore located should be allowed to be abandoned, with or without a change or relocation thereof or any part thereof, and with or without exten- sion, or if the board shall have extended the time within which such railway shall be completed, the board shall make a report in writing in accordance with the determination so made, describing the portion of the route, if any there be, as so fixed, determined and located anew, and the part, if any there be, of the route allowed to be abandoned, and stating the period of time, if any, by the board fixed and deter- mined within which such corporation shall construct and complete the railroad theretofore authorized or by it authorized to be con- structed, and prescribing that a failure by the corporation, its suc- cessors or assigns, to complete it within the time, if any so limited, shall work a forfeiture to the supervisors of the county if no part of the road is within a city, or in any city, to such city, of the rights and The Eailboad Law. 119 franchises of such corporation with respect to that portion of the route so fixed, determined and located anew, and with respect to the then authorized extension or extensions, if any there be of said route, upon which a railway shall not be constructed within the time so limited; but the time, if any, unavoidably consumed by the pendency of legal proceedings, shall not be deemed a part of any period of time limited in this article, and any recital of any forfeiture of any of the rights or franchises prescribed by any com- missioners heretofore appointed, to be to the mayor aldermen and commonalty of the city of New York, shall be as effectual for any and all purposes as if such forfeiture had been in terms recited to be to the board of supervisors of the county of New York. Such report shall be signed in duplicate by at least a majority of the then mem- bers of the board, and there shall be thereto annexed the survey and map as hereinbefore directed, showing the line and location of each and all the routes, with or without the extension or extensions, as fixed, determined and located, and showing also the parts or part, if any there shall be, of the route or routes as theretofore fixed, deter- mined and located, but by the board allowed to be abandoned. Within ten days after so signing such report the board shall cause the same to be filed in the office of the secretary of state, and the duplicate thereof in the office of the clerk of the county wherein such railway shall be located; and thereupon the corporation making such application, its successors or assigns, is and shall be authorized to construct, maintain and operate a steam railway for the transporta- tion of passengers, mail and freight, upon the route or routes so fixed, determined and located, and in said report described, but the con- struction or operation of a railway upon any new location or selection of route is not and shall not be thus authorized except upon the con- dition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having control of that portion of a street or highway upon which it is proposed to construct or operate such railway be first obtained, or in case the consent of such property owners can not be obtained, that the determination of three commissioners, to be upon application appointed by the general term of the supreme court, in the district in which such railroad is proposed to be constructed, be given after a hearing of all parties interested that such railway ought to be con- structed or operated, which determination, confirmed by the court, may be taken in lieu of the consent of the property owners. Such corporation is and the successors and assigns thereof shall be author- ized to maintain and operate all the railroads and the appurtenances 120 The Raileoad Law. thereof by it or them theretofore constructed upon any portion of a route or routes which shall have been located by commissioners under this article, and to complete within the time in and by such report so extended fixed, and determined anew, and thereafter to maintain and operate the railway and the appurtenances, upon so much of the route or routes theretofore fixed, determined and located as shall not have been so authorized and required to be abandoned, and with the same rights and effect, in all respects, as if such extended period of time had been originally fixed and determined, and in the original certificate of incorporation of such corporation recited, for complet- ing such railway and putting it in operation. The other terms and conditions in and by such certificate mentioned and prescribed, except as the same are hereinbefore modified or may be modified by the board as hereinabove authorized, shall apply to the railway herein authorized to be constructed and operated upon the route or routes as so changed, fixed, determined and located, with the same force and effect as if such route or routes, as finally so changed and located, had been in and by such articles or certificates themselves prescribed. If a new location or extension of routes shall be fixed and determined by commissioners who shall have been appointed by the court pursuant to this section, they shall also ascertain and deter- mine the aggregate pecuniary damages arising from the dimi- nution of value of the property bounded on that portion of the street or highway upon the line of such new location or extension and of each parcel of real property so bounded, and their proceed- ings thereupon shall be conducted in the same manner and upon the like notice as the proceedings for that purpose before the commissioners specified in section 125, and shall make to the supreme court the report required by section 133, and there- upon the same proceedings shall be had as are provided for in such last named section. Each commissioner shall be paid for his services at the rate of ten dollars per day for each day of actual services as such commissioner, and all reasonable expenses incurred by him in or about any of the matters referred to such board, to be paid by the corporation making the application so heard and determined. No corporation shall be authorized under this section to extend, abandon or change the location of its route, or any part thereof, where the greater portion of the route or routes is or shall be in that portion of the city of New York south or west of Harlem river, or of any route or part thereof in the city of Brooklyn, or county of Kings, or to con- struct, extend, abandon or change the location of any railway or route for a railway over, under, through or across any street, avenues. The Eailboad Law. 121 place or lands south of One Hundred and Twenty-eighth street or west of Third avenue in that portion of the city of New York south or west of Harlem river, or where a railway might not by law be con- structed, or was not by law authorized to be by a board of commis- sioners located on the fifth day of June, 1888. (.4s amended by L. 1892, ch. 676, taking effect June 7, 1892.) § 137. Increased deposit, -when and how required. — In case any of the securities deposited in lieu of money as provided in section one hundred and twenty-five, shall in the opinion of the county treasurer or trust company with whom they may be deposited, fall below their actual value at the time of deposit, the county treas- urer or trust company shall call upon such railway corporation to substitute therefor other securities equivalent at their par or market value to the amount in lieu of which the securities for which they are to be substituted were deposited, and in case such other securi- ties shall not be furnished, the county treasurer or trust company shall call upon such corporation to furnish as a substitute, and it shall so furnish an amount of money equal to the amount in lieu of which the securities first above referred to were deposited. § 138. Trains to come to full stop, etc. — All trains upon elevated railroads shall come to a full stop before any passengers shall be permitted to leave such train; and no train on such railroad shall be permitted to start until every passenger desiring to depart therefrom shall have left the train, provided such passenger has manifested his or her intention to so depart by moving toward or upon the platform of any car; nor until every passenger upon the platform or station at which such train has stopped, and desiring to board or enter such cars, shall have actually boarded or entered the same, but no person shall be permitted to enter or board any train after due notice from an authorized eir.ployee of such corporation that such train is full and that no more passengers can be then received. § 139. Gates. — Every car used for passengers upon elevated rail- roads shall have gates at the outer edge of its platforms, so constructed that they shall, when opened, be caught and held open by such catch or spring as will prevent their swinging and obstructing passengers in their egress from or ingress to such cars; and every such gate shall be kept closed while the car is in motion; and when the car has stopped and a gate has been opened, the car shall not start until such gate is again firmly closed. 16 122 The Riileoad Law. §140. Penalty for violation of this article. — Any elevated railroad corporation that shall fail or neglect to comply with or enforce the provisions of this article, shall upon the petition of any citizen to any court of record, and upon due notice to such corporation, and proof of such failure or neglect, pay to the clerk of the court wherein such petition was made, a sum not less than two hundred and fifty nor more than one thousand dollars, as such court may direct by its order. The sum so ordered to be paid shall be paid by such clerk of the court to the county treasurer, and shall be distributed by such treasurer equally among the public hospitals of the county in which the proceeding is had, at such time, as the board of supervisors or board of aldermen in any such county shall direct. Nothing in this section shall relieve elevated railroad corporations from any liability under which they may now be held by existing laws for damages to persons or property. {As amended by L. 1892, c^. 676, taking effect June 7, 1892.) § 141. Sections to be printed and posted. — The officers and board of directors of such railroad corporations shall cause copies of sections one hundred and thirty-eight, one hundred and thirty-nine and one hundred and forty to be printed conspicuously and posted in the depots or stations and in each car belonging to them. §142. Extension of time. — The time within which any act is required to be done under this article may be extended by the supreme court for good cause shown, for one year, and but one exten- sion will be granted. Any company that has heretofore constructed or is now operating an elevated railroad shall be deemed to have been duly incorporated, notwithstanding any failure on the part of com- missioners to insert in its articles of association provisions complying with statutory requirements relative to such articles. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.) New. ARTICLE VI. The Boabd of Eaileoad Commissioners. Section 150. Appointment and term of ofQce of railroad commissionerB. 151. Suspension from office. 1G2. Secretary and marshal of board . 153. Additional officers ; their duties. 154. Oath of office ; eligibility of officers of board. 155. Principal officer and meetings of board. The Eailboad Law. 123 Section 156. Quorum of board . 157. General powers and duties of board. 158. Eeports of railroad corporations. 159. Investigation of accidents. 160. Becommendations of board where law has been violated . 161. Becommendations of board when repairs or other changes are necessary. 162. Legal effect of recommendation and action of the board. 163. Corporation must furnish necessary information . 164. Attendance of witnesses and their fees . 165. Fees to be charged and collected by the board. 166. Annual report of board. 167. Certified copies of papers filed to be evidence. 168. Acts prohibited. 169. Salaries and expenses of members and oflicers of the board. 170. Total annual expense to be borne by railroads. 171. Application of this article. § 150. Appointment and term of office of railroad com- missioners. — There shall continue to be a board of railroad com- missioners, consisting of three competent persons, one of whom shall be experienced in railroad business, appointed by the governor, by and with the advice and consent of the senate, each of whom shall hold o£B.ce for the term of five years, and until his successor shall have been appointed and shall have qualified. A commissioner shall in like manner be appointed upon the expiration of the term of any commissioner; and when any vacancy shall occur in the office of any commissioner, a commissioner shall in like manner be appointed for the residue of the term. If the senate shall not be in session when the vacancy occurs, the governor shall appoint a commissioner to fill the vacancy, subject to the approval of the senate when convened. § 151. Suspension from office. — Any commissioner may be suspended from office by the governor upon written charges pre- ferred. The governor shall report such suspension and the reasons therefor to the senate at the beginning of the next ensuing session, and if a majority of the senate shall approve the action of the gover- nor, such commissioner shall be removed from office and his office become vacant. § 152. Secretary and marshal of board.— The board shall have a secretary and a marshal who shall be appointed by it and serve during its pleasure. The secretary shall keep a full and faith- ful record of the proceedings of the board, and be the custodian of its 124 The Eailroad Law. records, and file and preserve at its general office all books, maps, documents and papers intrusted to his care, and be responsible to the board for the same. Under the direction of the board he shall be its chief executive officer, shall have general charge of its office, superin- tend its clerical business, conduct its correspondence, be the medium of its decisions, recommendations, orders and requests, prepare for service such papers and notices as may be required of him by the commissioners, and perform such other duties as the board may pre- scribe, and he shall have power to administer oaths in all cases per- taining to the duties of his office. He shall have the power to designate from time to time one of the clerks appointed by the board to act as assistant secretary during his absence from the county of Albany, and the clerk so designated for the time designated shall within the county of Albany only, possess the powers conferred by this section upon the secretary of the board. {As amended by L. 1892, cTi. 534.) §153. Additional officers; their duties. — The board may also appoint, to serve during its pleasure, the following officers or any of them: An accouutant, who shall be thoroughly skilled in railroad accounting, and who shall, under the direction of the board, make examinations of the books and accounts of railroad and other corporations, and supervise the quarterly and annual reports made by the railroad corporations to the board, and collect and compile rail- road statistics, and perform such other duties as the board may prescribe. An inspector, who shall be a civil engineer, skilled in railroad affairs, who shall make such inspections of railroads and other matters relating thereto, as directed .by the board, and report to it. Such additional clerical force as may be necessary for the transaction of its business. The board may also employ engineers, accountants and other experts whose services they may deem to be of temporary importance in conducting any investigation authorized by law. {As amended by L. 1892, ch. 534) § 154. Oath of office ; eligibility of officers of board.— Each commissioner, and every person appointed to office by the board, shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office. No person shall be appointed to or hold the office of commissioner or be appointed by the board to, or hold any office, place or position under it who holds any official relation to any railroad corporation, or owns stock or bonds therein, or who is in any manner pecuniarily interested in any firm or corporation having business relations with any such corporation. The Eailroad Law. 125 § 155. Principal office and meetings of board.— The principal office of the board shall be at the city of Albany, in rooms designaled by the capitol commissionerB, and it may have a branch office at the city of New York, and one at the city of Buffalo; and the board, or a quorum thereof, shall meet at least once a month during the year at the office in Albany. The board shall have an official seal, to be pre- pared by the secretary of state in accordance with law, and its offices shall be supplied with necessary postage, stationery, office furniture and appliances, to be paid for as other expenses authorized by this article, and it shall have prepared for it by the state the necessary books, maps and statistics, incidentally necessary for the discharge of its duties. § 156. Quorum of board. — Two of the commisioners shall con- stitute a quorum for the transaction of any business, or the perform- ance of any duty of the board and may hold meetings thereof at any time or place within the state. All examinations or investigations made by the board may be held and taken by and before any one of the commissioners or the secretary of the board, by order of the board, and the proceedings and decisions of such single commissioner or secretary, shall be deemed to be the proceedings and decisions of the board, when approved and confirmed by it. (As amended by L. 1892, ch. 534.) § 157. General powers and duties of board. — The board shall have power to administer oaths in all matters relating to its duties, so far as necessary to enable it to discharge such duties, shall have general supervision of all railroads and shall examine the same and keep informed as to their condition, and the manner in which they are operated for the security and accommodation of the public and their compliance with the provisions of their charters and of law. The commissioners or either of them in the performance of their official duties may enter and remain during business hours in the cars, offices and depots, and upon the railroads of any railroad corporation within the state, or doing business therein; and may examine the books and affairs of any such corporation and compel the production of books and papers or copies thereof, and the board may cause to be subpoenaed witnesses, and if" a person duly subpoenaed fails to obey such subpoena without reasonable cause, or shall without such cause refuse to be examined, or to answer a legal or pertinent question, or to produce a book or paper which he is directed by subpoena to bring, or to subscribe his deposition after it has been correctly reduced to writing, the board may take such proceedings as are authorized by 126 The Kailboad Law. the Code of Civil Procedure upon the like failure or refusal of a witness subpoenaed to attend the trial of a civil action before a court of record or a referee appointed by such court. The board shall also take testimony upon, and have a hearing for and against any proposed change of the law relating to any railroad, or of the general raUroad law, if requested to do so by the legislature, or by the committee on railroads of the senate or the assembly, or by the governor, and may take such testimony and have such a hearing when requested to do so by any railroad corporation, or incorporated organi- zation representing agricultural or commercial interests in the state, and shall report their conclusions in writing to the legislature, com- mittee, governor, corporation or organization making such request; and shall recommend and draft such bills as will in its judgment pro- tect the people's interest in and upon the railroads of this state. § 158. B.eports of railroad corporations. — The board shall prescribe the form of the report required by the railroad law to be made by railroad corporations, and may from time to time make such changes and additions in such form, giving to the corporation six months' notice before the expirations of any fiscal year, of any changes or additions which would require any alteration in the method or form of keeping their accounts, and on or before September fifteenth in each year, shall furnish a blank form for such report. When the report of any corporation is defective, or believed to be erroneous, the board shall notify the corporation to amend the same within thirty days. The originals of the reports, subscribed and sworn to as prescribed by law, shall be preserved in the office of the board. § 159 . Investigation of accidents. — The board shall investi- gate the cause of any accident on any railroad resulting in loss of life or injury to persons, which in their judgment shall require investigation and include the result thereof in their annual report to the legislature. Before making any such examina- tion or investigation, or any investigation or examination under this article, reasonable notice shall be given to the corporation, person or persons conducting and managing such railroad of the time and place of commencing the same. The general superintendent or manager of every railroad shall inform the board of any such accident immediately after its occurrence. If the examination of the books and affairs of the corporation, or of witnesses in its employ, shall be necessary in the course of any examination or investigation into its The-Eailboad Law. 127 affairs, the board, or a commiBBioner thereof, shall sit for such pur- pose in the city or town of this state where the principal business office of the corporation is situated if requested, so to do by the cor- poration; but the board may require copies of books and papers, or abstracts thereof, to be sent to them to any part of this state. § 160. Recommendations of board, "where law has been violated. — If, in the judgment of the board, it shall appear that any railroad corporation has violated any constitutional provision or law, or neglects in any respect to comply with the terms of the law by which it was created, or unjustly discriminates in its charges for services, or usurps any authority not granted by law, or refuses to comply with the provisions of any law, or with any recommendation of the board, it shall give notice thereof in writing to the corporation, and if the violation, neglect or refusal is continued after such notice, the board may forthwith present the matter to the attorney-general, who shall take such proceedings thereon as may be necessary for the protection of the public interests. § 161. Recommendations of board, when repairs or other changes are necessary. — If, in the judgment of the board, after a careful personal examination of the same, it shall appear that repairs are necessary upon any railroad in the state, or that any addition to the rolling stock, or any addition to or change of the station or station-houses, or that additional terminal facilities shall be afforded, or that any change of the rates of fare for transporting freight or passengers or in the mode of operating the road or con- ducting its business, is reasonable and expedient in order to promote the security, convenience and accommodation of the public, the board shall give notice and information in writing to the corporation of the improvements and changes which they deem to be proper, and shall give such corporation an opportunity for a full hearing thereof, and if the corporation refuses or neglects to make such repairs, improve- ments and changes, within a reasonable time after such information and hearing, and fails to satisfy the board that no action is required to be taken by it, the board shall fix the time within which the same shall be made, which time it may extend. It shall be the duty of the corporation, person or persons owning or operating the railroad to comply with such decisions and recommendations of the board as are just and reasonable. If it fails to do so the board shall present the facts in the case to the attorney-general for his consideration and action, and shall also report them in its annual or in a special report to the legislature^ 128 The Railboad'Law. § 162. Legal effect of recommendations and action of the board. — No examination, request or advice of the board, nor any investigation or report made by it, shall have the effect to impair in any manner or degree the legal rights, duties or obligations of any railroad corporation, or its legal liabilities for the consequence of its acts, or of the neglect or mismanagement of any of its agents or employes. The supreme court at special term shall have power in its discretion, in all cases of decisions and recommendations by the board which are just and reasonable to compel compliance therewith by mandamus, subject to appeal to the general term and the court of appeals, and upon such appeal, the general term and the court of appeals may review and reverse upon the facts as well as the law. {As amended by L. 1892, ch. 676, taking effect June 7, 1892.) § 163. Corporations must furnish, necessary informa- tion. — Every railroad corporation shall, on request, furnish the board any necessary information required by them concerning the rates of fare for transporting freight and passengers upon its road and other roads with which its business is connected, and the condition, management and operation of its road, and shall, on request, furnish to the board copies of all contracts and agreements, leases or other engagements entered into by it with any person or corporation. The commissioners shall not give publicity to such information, contracts, agreements, leases or other engagements, if, in their judgment, the public interests do not require it, or the welfare and prosperity of railroad corporations of the state might be thereby injuriously affected. § 164. Attendance of -witnesses and their fees. — All sub- poenas shall be issued by the president of the board, or by any two members thereof, and may be served by any person of full age author- ized by the board to serve the same. The fees of witnesses before the board shall be two dollars for each day's attendance, and five cents for every mile of travel by the nearest generally traveled route in going to and returning from the place where the attendance of the witness is required, and the fees shall be audited and paid by the comptroller on the certificate of the secretary of the commission. § 165. Fees to be charged and collected by the board.- The board shall charge and collect the following fees: For copies of papers and records not required to be certified, or otherwise authen- ticated by the board, ten cents for each folio of one hundred words; for certified copies of official documents filed in its office, fifteen cents The Eailboad Law. 129 for each folio, and one dollar for every certificate under seal affixed thereto; for each certified copy of the quarterly report made by a railroad corporation to the board, fifty cents; for each certified copy of the annual report of the board, one dollar and fifty cents; for cer- tified copies of evidence and proceedings before the board, fifteen cents for each folio. No fees shall be charged or collected for copies of papers, records or official documents, furnished to public officers for use in their official capacity, or for the annual reports of the board in the ordinary course of distribution. All fees charged and collected by the board belong to the people of the state, and shall be paid quarterly, accompanied with a detailed statement thereof into the treasury of the state to the credit of the general fund. § 166. Annual report of board.— The board shall make an annual report on or before the second Monday in January in each year, which shall contain: 1. A record of their meetings and an abstract of their proceedings during the preceding year. 2. The result of any examination or investigation conducted by them. 3. Such statements, facts and explanations as will disclose the actual workings of the system of railroad transportation in its bearing upon the business and prosperity of the state, and such suggestions as to the general railroad policy of the state, of the amendment of its laws, or the condition, affairs or conduct of any railroad corporation, as may seem to them appropriate. 4. Drafts of all bills submitted by them to the legislature and the reasons therefor. 5. Such tables and abstracts of all the reports of all the railroad corporations as they may deem expedient. 6. A statement in detail of the traveling expenses and disburse- ments of the commissioners, their clerks, marshal and experts. Five hundred copies of the report with the reports of the railroad corporations of the state, in addition to the regular number prescribed by law, shall be printed as a public document of. the state, bound in cloth for the use of the commissioners, and to be distributed by them in their discretion to railroad corporations and other persons interested therein. § 167. Certified copies of papers filed to be evidence.— Copies of all official documents filed or deposited according to law in the office of the board, certified by a member of the board or the 17 130 The Eailroad Law. secretary thereof to be true copies of the originals under the official seal of the board, shall be evidence in like manner as the originals. § 168. Acts prohibited. — No railroad commissioner shall, directly or indirectly, solicit or request from, or recommend to any railroad corporation, or any officer, attorney or agent thereof, the appointment of any person to any place or position, nor shall any railroad corpora- tion, its attorney or agent, offer any place, appointment or position or other consideration to such commissioners, or either of them, nor to any clerk or employe of the commissioners or of the board; neither shall the commissioners or either of them, nor their secretary, clerks, agents, employes or experts, accept, receive or request any pass from any railroad in this state, for themselves or for any other person, or any present, gift or gratuity of any kind from any railroad corpora- tion; and the request or acceptance by them, or either of them, of any such place or position, pass, presents, gifts or other gratuity shall work a forfeiture of the office of the commissioner or commissioners, secretary, clerk or clerks, agent or agents, employe or employes, expert or experts, requesting or accepting the same. § 169. Salaries and expenses of members and officers of tbe board. — The annual salary of each commissioner shall be eight thousand dollars; of the secretary, six thousand dollars; of the mar- shal, fifteen hundred dollars; of the accountant and of the inspector such sum as the board may fix, not exceeding three thousand dollars each ; of the clerical force such sums respectively as the board may fix. In the discharge of their official duties, the commissioners, their officers, clerks and all experts and agents whose services are deemed temporarily of importance, shall be transported over the railroads in this state free of charge upon passes signed by the secretary of state and the commissioners shall have reimbursed to them the necessary traveling expenses and disbursements of themselves, their clerks and experts, not exceeding in the aggregate five hundred dollars per month. All salaries and disbursements shall be audited and allowed by the comptroller, and paid monthly by the state treasurer upon the order of the comptroller out of the funds provided therefor. (As amended by L. 1892, ch. 534.) § 170. Total annual expense to be borne by railroads.— The total annual expense of the board authorized by law, excepting only rent of offices and the cost of printing and binding the annual reports of the board as provided by law, shall not exceed the sum of fifty thousand dollars; and shall be borne 1)y the several corporations The Railboad Law. 131 owning or operating raUroads according to their means, to be appor- tioned by the comptroller who, on or before July first in each year, shall assess upon each of such corporations its proportion of such expenses, one-half in proportion to its net income for the fiscal year next preceding that in which the assessment is made, and one-half in proportion to the length of its main road and branches, except that each corporation whose line of road lies partly within and partly with- out the state, shall in respect to its net income be assessed on a part bearing the same proportion to its whole net income that the line of its road within the state bears to the whole length of road, and in respect of its main road and branches shall be assessed only on that part which lies within the state. Such assessment shall be collected in the manner provided by law for the collection of taxes upon cor- porations. (.4s amended by L. 1892, ch. 534.) § 171. Application of this article. — The provisions of this article shall apply to all railroads within the state, and the corpora- tions, receivers, trustees, directors or others, owning or operating the same or any of them, and to all sleeping and drawing-room car cor- porations, and to all other associations, partnerships or corporations engaged in transporting passengers or freight upon any such railroad as lessee or otherwise. CONDEMNATION LAW. CHAPTER 23 OF THE CODE OF CIVIL PROCEDURE. Chap. 95, Laws of 1890. AN ACT to amend the Code of Civil Procedure. Supplemental Peovisions. TITLE L PBOCBEDINGS FOR THE CONDEMNATIOK OF REAL PROPERXTl. Condemnation la'w. Section 3357. This title shall be known as the condemnation law. Terms used defined. § 3358. The term " person," when used herein, includes a corpora- tion, joint stock association, the state and a political division thereof, as well as a natural person; the term "real property," any right, interest or easement therein or appurtenance thereto; and the term "owner," all persons having any estate, interest, or easement in the property to be taken, or any lien, charge, or incwnbrance thereon. The person instituting the proceedings shall be termed the plaintiff; and the person against whom the proceeding is brought, the defendant. Title to real estate, how acquired. § 3359. Whenever any person is authorized to acquire title to real property, for a public use by condemnation the proceeding for that purpose shall be taken in the manner prescribed in this title. Petition to supreme court; petition, what to contain. § 3360. The proceeding shall be instituted by the presentation of a petition by the plaintiff to the supreme court setting forth the follow- ing facts: 1. His name, place of residence, and the business in which engaged; if a corporation or joint stock association, whether foreign or domestic, its principal place of business within the state, the names and places of residence of its principal o£Scers, and of its directors, trustees or board of managers, as the case may be, and thA object or purpose of its incorporation or associations ;* if a political division of the state * So In the orlKlnal. Condemnation Law. 133 the names and places of residence of its principal officers; and if the state, the name and place of residence of the officer acting in its behalf in the proceeding. 2. A specific description of the property to be condemned and its location, by metes and bounds, with reasonable certainty. 3. The public use for which the property is required and a concise statement of the facts showing the necessity of its acquisition for such use. 4. The names and places of residence of the owners of the property; if an infant, the name and place of residence of his general guardian, if he has one, if not, the name and place of residence of the person with whom he resides; if a lunatic, idiot, or habitual drunkard, the name and place of residence of his committee or trustee, if he has one; if not, the name and place of residence of the person with whom he resides. If a non-resident, having an agent or attorney residing in the state authorized to contract for the sale of the property, the name and place of residence of such agent or attorney; if the name or place of residence of any owner can not after diligent inquiry be ascertained, it may be so stated with a specific statement of the extent of the inquiry which has been made. 5. That the plaintiff has been unable to agree with the owner of the property for its purchase and the reason of such inability. 6. The value of the property to be condemned. 7. A statement that it is the intention of the plaintiff, in good faith, to complete the work or improvement, for which the property is to be condemned; and that all the preliminary steps required by law have been taken to entitle him to institute the proceeding. 8. A demand for relief, that it may be adjudged that the public use requires the condemnation of the real property described, and that the plaiatiff is entitled to take and hold such property for the public use specified, upon making compensation therefor, and that commis- sioners of appraisal be appointed to ascertain the compensation to be made to the owners for the property so taken. Notice of presentation of petition; service of petition and notice. § 3361. There must be annexed to the petition a notice of the time and place at which it will be presented to a special term of the supreme court, held in the judicial district where the property or some portion of it is situated, and a copy of the petition and notice must be served upon all the owners of the property at least eight days prior to its presentation. 134 Condemnation Law. Service, how made. § 3362 Service of "the petition and notice must be made in the same manner as the service of a summons in an action in the supreme court is required to be made, and all the provisions of articles one and two of title one of chapter five of this act, \?hich relate to the service of a summons, either personally or in any other way, and the mode of proving service, shall apply to the service of the petition and notice. If the defendant has an agent or attorney residing in this state authorized to contract for the sale of the real property described in the petition, service upon such agent or attorney will be sufficient service upon such defendant. In case the defendant is an iixfant of the age of fourteen years or upwards, a copy of the petition and notice shall also be served upon his general guardian, if he has one, if not, upon the person with whom he resides. Duty of general guardian, committee or trustee; court when to appoint guardian ad litem; when attorney for defendant. § 3363. If a defendant is an infant, idiot, lunatic or habitual drunk- ard, it shall be the duty of his general guardian, committee or trus- tee, if he has one, to appear for him upon the presentation of the petition and attend to his interests, and in case he has none, or in case his general guardian, committee or trustee fails to appear for him, the court shall, upon the presentation of the petition and notice, with proof of service, without further notice, appoint a guardian ad litem for such defendant, whose duty it shall be to appear for him and attend to his interest in the proceeding, and, if deemed necessary to protect his rights, the court may require a general guardian, com* mittee or trustee, or a guardian ad litem to give security in such sum and with such sureties as the court may approve. If a service other than personal has been made upon any defendant, and he does not appear upon the presentation of the petition, the court shall appoint some competent attorney to appear for him and attend to his interests in the proceeding. Appearance of parties; service of papers. § 3364. The provisions of law and of the rules and practice of the court, relating to the appearance of parties in person or by attorney in actions in the supreme court, shall apply to the proceeding from and after the service of the petition, and all subsequent orders, ' notices and papers may be served upon the attorney appearing and Condemnation Law. 135 upon a guardian ad litem in the same manner and with the same effect as the service of papers in an action in the supreme court may be made. Answer to petition. § 3365. Upon presentation of the petition and notice with proof of service thereof, an owner of the property may appear and interpose an answer, which must contain a general or specific denial of each material allegation of the petition controverted by him, or of any knowledge or information thereof sufficient to form a belief, or a statement of new matter constituting a defense to the proceeding. Verification of petition and answer, § 3366. A petition or answer must be verified, and the provisions of this act relating to the form and contents of the verification of pleadings in courts of record, and the persons by whom it may be made, shall apply to the verification. Trial of issue and decision thereon. § 3367. The courts shall try any issue raised by the petition and answer at such time and place as it may direct, or it may order the same to be referred to a referee to hear and determine, and upon such trial the court or referee shall file a decision in writing, or deliver the same to the attorney for the prevailing party, within twenty days after the final submission of the proofs and allegations of the parties, and the provisions of this act relating to the form and contents of decisions upon the trial of issues of fact by the court or a referee, and to making and filing exceptions thereto, and the making and settle- ment of a case -for the review thereof upon appeal, and to the pro- ceedings which may be had, in case such decision is not filed or delivered within the time herein required, and to the powers of the court and referee upon such trial, shall be applicable to a trial and decision under this title. Provisions applicable. § 3368. The provisions of title one of chapter eight of this act shall also apply to proceedings had under this title. Judgment, entry of; in favor of plaintiff; commissioners of appraisal, appointment of. § 3369. Judgment shall be entered pursuant to the direetion of the court or referee Jn the decision filed. If in favor of the defendant, the petition shall be dismissed with costs, to be taxed by the clerk at 136 Condemnation Law. the same rates as are allowed of course to a defendant prevailing in an action in the supreme court, including the allowances for pro- ceedings before and after notice of trial. If the decision is in favor of the plaintiff, or if no answer has been interposed and it appears from the petition that he is entitled to the relief demanded, judgment shall be entered, adjudging that the condemnation of the real property described is necessary for the public use, and that the plaintiff is entitled to take and hold the property for the public use specified, upon making compensation therefor, and the court shall thereupon appoint three disinterested and competent freeholders, residents of the county where the real property or some part of it is situated, or of some adjoining county, commissioners to ascertain the compensation to be made to the owners for the property to be taken for the public use specified, and fix the time and place for the first meeting of the commissioners. If a trial has been had, at least eight days notice of such appointment must be given to all defendants who have appeared. Duty of commissioners; report; compensation. § 3370. The commissioners shall take and subscribe the constitu- tional oath of office. Any of them may issue subpoenas and administer oaths to witnesses; a majority of them may adjourn the proceediiigs before them, from time to time, in their discretion. Whenever they meet, except by appointment of the court or pursuant to adjournment, they shall cause at least eight days notice of such meeting to be given to the defendants who have appeared, or their agents or attorneys. They shall view the premises described in the petition, and hear the proofs and allegations of the parties, and reduce the testimony taken by them, if any, to writing, and after the testimony in each case is closed, they, or a majority of them, all being present, shall, without unnecessary delay ascertain and determine the compensation which ought justly to be made by the plaintiff to the owners of the property appraised by them; and, in fixing the amount of such compensation, they shall not make any allowance or deduction on account of any real or supposed benefits which the owners may derive from the pub- lic use, for which the property is to be taken, or the construction of any proposed improvement connected with such public use. But in case the plaintiff is a railroad corporation and such real property shall belong to any other railroad corporation, the commissioners on fixing the amount of such compensation, shall fix the same at its fair value for railroad purposes. They shall make a report of their proceedings to the supreme court with Condemnation Law. 137 the minutes of the testimony taken by them, if any; and they shall each be entitled to six dollars for services, for every day they are actually engaged in the performance of their duties, and their necessary expenses, to be paid by the plaintiff. Confirmation of report; rehearing before commissioners; final order; deposit of money deemed payment. § 3371. Upon filing the report of the commissioners, any party may move for its confirmation at a special term, held in the district where the property or some part of it is situated, upon notice to the other parties who have appeared, and upon such motion, the court may con- firm the report, or may set it aside for irregularity, or for error of law in the proceedings before the commissioners, or upon the ground that the award is excessive or insufficient. If the report is set aside, the court may direct a rehearing before the same commissioners, or may appoint new commissioners for that purpose, and the proceedings upon such rehearing shall be conducted in the manner prescribed for the original hearing, and the same proceedings shall be had for the confirmation of the second report, as are herein prescribed for the confirmation of the first report. If the report is confirmed, the court shall enter a final order in the proceeding, directing that compensa- tion shall be made to the owners of the property, pursuant to the determination of the commissioners, and that upon payment of such compensation, the plaintiff shall be entitled to enter into the posses- sion of the property condemned, and take and hold it for the public use specified in the judgment. Deposit of the money to the credit of, or payable to the order of the owner, pursuant to the direction of the court, shall be deemed a payment within the provisions of this title OflFer to purchase by plaintiff; notice of acceptance of offer; costs and allowances. § 3872. In all cases where the owner is a resident and not under legal disability to convey title to real property the plaintiff before service of his petition and notice, may make a written offer to pur- chase the property at a specified price, which must within ten days thereafter be filed in the office of the clerk of the county where the property is situated; and which can not be given in evidence before the commissioners, or considered by them. The owner may at the time of the presentation of the petition, or at any time previously, serve notice in writing of the acceptance of plaintiff's order, and thereupon the plaintiff may, upon filing the petition, with proof of the making of the offer and its acceptance, enter an order that upon pay- 18 138 COKDEMNATION LaW. ment of the compensation agreed upon, he may enter into possession of the real property described in the petition, and take and hold it for the public use therein specified. If the offer is not accepted, and the compensation awarded by the commissioners does not exceed the amount of the, offer with interest from the time it was made, no costs shall be allowed to either party. If the compensation awarded shall exceed the amount of the offer with interest from the time it was made, or if no offer was made, the court shall, in the final order, direct that the defendant recover of the plaintiff the costs of the proceeding, to be taxed by the clerk at the same rate as is allowed, ol course, to the defendant when he is the prevailing party in an action in the supreme court, including the allowanoee for proceedings before and after notice of trial and the court may also grant an additional allow- ance of costs, not exceeding five per centum upon the amount awarded. The court shall also direct in the final order what sum shall be paid to the general or special guardian, or committee or trus- tee of an infant, idiot, lunatic or habitual drunkard, or to an attorney appointed by the court to attend to the interests of any defendant upon whom other than personal service of the petition and notice may have been made, and who has not appeared, for costs, expenses and counsel fees, and by whom or out of what fund the same shall be paid. If a trial has been had, and all the issues determined in favor of the plaintiff, costs of the trial shall not be allowed to the defendant, but the plaintiff shall recover of any defendant answering the costs of such trial caused by the interposition of the unsuccessful defense, to be taxed by the clerk at the same rate as is allowed to the prevailing party for the trial of an action in the supreme court. Compensation a-w^arded, etc., to be docketed as a judgment; delivery of possession; issue of -writ of assistance. § ^373. Upon the entry of the final order, the same shall be attached to the judgment roll in the proceedings, and the amount directed to be paid, either as compensation to the owners, or for the costs or expenses of the proceedings, shall be docketed as a judgment against the person who is directed to pay the same, and it shall have all the force and effect of a money judgment in an action in the supreme court, and collection thereof may be enforced by execution and by the same proceedings as judgments for the recovery of money in the supreme court may be enforced under the provisions of this act When payment of the compensation awarded, and costs of the proceed- ings if any, has been made, as directed in the final order, and a cer- tified copy of such order has been served upon the owner, he shall Condemnation Law. 139 upon demand of the plaintiff, deliver possession thereof to him, and in case possession is not delivered when demanded, the plaintiff may apply to the court without notice, unless the court shall require notice to be given, upon proof of such payment and of service of the copy order, and of the demand and non-compliance therewith, for a writ of . assistance, and the court shall thereupon cause such writ to be issued, which shall be executed in the same manner as when issued in other cases for the delivery of possession of real property. Abandonment of proceedings by plaintiff. § 3374. Within thirty days after the entry of the final order the plaintiff may abandon the proceeding, by filing and serving a written notice of his determination to do so, and paying the fees and expenses of the commissioners, and the costs and expenses directed to be paid in such order; and thereupon payment of ths amount awarded for compensation shall not be enforced, but in such case the plaintiff shall not renew proceedings to acquire title to such lands or any part thereof without a tender or deposit in court of the amount of the award and interest thereon. Appeal from final order; stay of proceedings. § 3375. Appeal may be taken to the general term of the supreme court from the final order, within the time provided for appeals from orders by title four of chapter twelve of this act; and aU the provisions of such chapter relating to appeals to the general term from orders of the special term shall apply to such appeals. Such appeal will bring up for review all the proceedings subsequent to the judgment, but the judgment and proceedings antecedent thereto may be reviewed on such appeal, if the appellant states in his notice that the same will be brought up for review, and exceptions shall have been filed to the decision of the court or the referee, and a case or a case and excep- tions shall have been made, settled and allowed, as required by the provisions of this act,- for the review of the trial of actions in the supreme court without a jury. The proceedings of the plaintiff shall not be stayed upon such an appeal, except by order of the court, upon notice to him, and the appeal shall not affect his possession of the property taken, and the appeal of a defendant shall not be heard except on his stipulation not to disturb such possession. Appeal from judgement in favor of defendant. § 3376. If a trial has been had and judgment entered in favor of the defendant, the plaintiff may appeal therefrom to the general term 140 Condemnation Law. within the time provided for appeals from judgments by title four of chapter twelve of this act, and all the provisions of such chapter relating to appeals from judgments shall apply to such appeals; and on the hearing of the appeal the general term may affirm, reverse or modify the judgment, and in case of reversal may grant a new trial, or direct that judgment be entered in favor of the plaintiff. If the judgment is affirmed, costs shall be allowed to the respondent, but if reversed or modified, no costs of the appeal shall be allowed to either party. Ne-vr appraisal. § 3377. On the hearing of the appeal from the final order the court may direct a new appraisal before the same or new commissioners in its discretion, and the report of such commissioners shall be final and conclusive upon all parties interested. If the amount of the compen- sation to be paid is increased by the last report, the difference shall be a Hen upon the land appraised, and shall be paid to the parties entitled to the same, or shall be deposited as the court shall direct; and if the amount is diminished, the difference shall be refunded to the plaintiff by the party to whom the same may have been paid, and judgment therefor may be rendered by the court, on the filing of the last report, against the parties liable to pay the samo. Adverse and ccuflicting claimants to money. § 3378. If there are adverse and conflicting claimants to the money, or any part of it, to be paid as compensation for the properly taken, the court may direct the money to be paid into the court by the plaintiff, and may determine who is entitled to the same, and direct to whom the same shall be paid, and may, in its discretion, order a reference to ascertain the facts on which such determination and direction are to be made. Power of court to prevent disturbance of possession. § 3379. At any stage of the proceeding the court may authorize the plaintiff, if in possession of the property sought to be condemned, to continue in possession, and may stay all actions or proceedings againf fc him on account thereof, upon giving security, or depositing such sum of money as the court may direct to be held as security for the pay- ment of the compensation which may be finally awarded to the owner therefor and the costs of the proceeding, and in every such case the owner may conduct the proceeding to a conclusion, if the plaiatifi delays or neglects to prosecute the same. Condemnation Law. 14:1 Entry upon tlie use of property after answer has been interposed . § 3380. When an answer to the petition has been interposed, and it appears to the satisfaction of the court that the public interests will be prejudiced by delay, it may direct that the plaintiff be permitted to enter immediately upon the real property to be taken, and devote it temporarily to the public use specified in the petition, upon depositing with the court the sum stated in the answer as the value of the property, and which sum shall be applied, so far as it may be necessary for that purpose, to the payment of the award that may be made, and the costs and expenses of the proceeding, and the residue, if any, returned to the plaiutifi, and in case the petition should be dismissed, or no award should be made, or the proceedings should be abandoned by the plaintiff, the court shall direct thbt the money so deposited, so far as it may be necessary, shall be applied to the payment of any damages which the defendant may have sus- tained by such entry upon and use of his property, and his costs and expenses of the proceeding, such damages to be ascertained by the court, or a referee to be appointed for that purpose, and if the sum so deposited shall be insufficient to pay such damages, and all costs and expenses awarded to the defendant, judgment shall be entered against the plaintiff for the deficiency, to be enforced and collected in the same manner as a judgment in the supreme court ; and the possession of the property shall be restored to the defendant. Notice of pendency of proceedings; effect thereof; duty of county clerk. § 3381. Upon service of the petition, or at any time afterwards before the entry of the final order, the plaintiff may file in the clerk's office of each county where any part of the property is situated, a notice of the pendency of the proceeding stating the names of the parties find the object of the proceeding, and containing a brief description of the property affected thereby, and from the time of filing such notice sJiall be constructive notice to a purchaser, or incumbrancer of the property affected thereby, from or against a defendant with respect to whom the notice is directed to be indexed as herein prescribed, and a person whose conveyance or incumbrance is subsequently executed or subsequently recorded, is bound by all proceedings taken in the proceeding after the filing of the notice to the same extent as if he was a party thereto. The county clerk must immediately record such notice when filed in the book in his office kept 142 Condemnation Law. for the purpose of recording notices ot pendency of actions, and index it to the name of each defendant specified in the direction appended at the foot of the notice, and subscribed by the plaintiff or his attorney. Power of court to make all necessary orders, etc. § 3882. In all proceedings under this title, -where the mode or man- ner of conducting all or any of the proceedings therein is not expressly provided for by law, the court before whom such proceedings may be pending, shall have the power to make all necessary orders and give necessary directions to carry into effect the object and intent of this title, and of the several acts conferring authority to condemn lands for public use, and the practice in such cases shall conform, as near aa may be, to the ordinary practice in such court. Repeal. § 3383. So much of all acts and parts of acts as prescribe a method of procedure in proceedings for the condemnation of real property for a public use is repealed, except such acts and parts of acts as pre- scribe a method of procedure for the condemnation of real property for public use as a highway, or as a street, avenue, or public place in an incorporated city or village, or as may prescribe methods of pro- cedure for such condemnation for any public use for, by, on behalf, on the part, or in the name of the corporation of the city of New York, known as the mayor, aldermen, and commonalty of the city of New York, or by whatever name known, or by or on the application of any board, department, commissioners or other officers acting for or on behalf or in the name of such corporation or city, or where the title to the real property so to be acquired vests in such corporation or in such city; and all proceedings for the condemnation of real property embraced within the exceptions enumerated in this section are exempted from the operation of this title. , (Thus amended by chap. 247, Laws of 1890.) Title, "when to take effect. § 3384. This title shall take effect on the first day of May, one thou- sand eight hundred and niaety, and shall not affect any proceeding previously commenced. CONDEMKATION LaW. 143 TITLE II. PEOCEEDINGS FOK THE SALE OE CORPORATE REAL PROPERTY. Proceedings on application to sell, mortgage, etc., property. Section 3390. Whenever any corporation or joint etock association is required by law to make application to the court for leave to mort- gage, lease or sell its real estate, the proceeding therefor shall be had pursuant to the proYisions of this title. Petition to court; petition, vrhat to contain; verification. § 3391. The proceedings shall be instituted by the presentation to the supreme court of the district or the county court of the county where the real property, or some part of it, is situated, by the corporar tion or association, applicant, of a petition setting forth the following iacts: 1. The name of the corporation or association, and of its directors, trustees or managers, and of its principal officers, and their places of residence. 2. The business of the corporation or association, or the object or purpose of its incorporation or formation, and a reference to the statute under which it was incorporated or formed. 3. A description of the real property to be sold, mortgaged or leased, by metes and bounds, with reasonable certainty. 4. That the interests of the corporation or association will be pro- moted by the sale, mortgage or lease, of the real property specified, and a concise statement of the reasons therefor. 5. That such sale, mortgage or lease has been authorized, by a vote of at least two-thirds of the directors, trustees or managers of the corporation or association, at a meeting thereof, duly called and held, and a copy of the resolution granting such authority. 6. The market value of the remaining real property of the corpora- tion or association, and the cash value of its personal assets, and the total amount of its debts and liabilities, and how secured, if at all. 7. The application proposed to be made of the moneys realized from such sale, mortgage or lease. 8. Where the consent of the shareholders, stockholders or members of the corporation or association, is required by law to be first obtained, a statement that such consent has been given, and a copy of the consent or a certified transcript of the record of the meeting at which it was given shall be annexed to the petition. 144 Condemnation Law. 9. A demand for leave to mortgage, lease or sell the real estate described. The petition shall be verified in the same manner as a verified pleading in an action in a court of record. Hearing of application. § 3392. Upon presentation of the petition, the court may immedi- ately proceed to hear the application, or it may, in its discretion, direct that notice of the application shall be given to any person interested therein, as a member, stockholder, officer or creditor of the corporation or association, or otherwise, in which case the application shall be heard at the time and place specified in such notice, and the court may in any case appoint a referee to take the proofs and report the same to the court, with his opinion thereon. Court may grant application; appearance on hearing. § 3393. Upon the hearing of the application, if it shall appear, to the satisfaction of the court, that the '.nterests of the corporation or association will be promoted thereby, an order may be granted author- izing it to sell, mortgage or lease the real property described in the petition, or any part thereof, for such sum, and upon such terms as the court may prescribe, and directing what disposition shall be made of the proceeds of such sale, mortgage or lease. Any person, whose interests may be affected by the proceeding, may appear upon the hearing and show cause why the application should not be granted. Notice to creditors on application of insolvent corpora- tion, etc. § 3394. If the corporation or association is insolvent, or its property and assets are insufficient to fully liquidate its debts and liabilities, the application shall not be granted, unless all the creditors of the corporation have been served with a notice of the time and place at which the application will be heard. Service of notices. § 3395. Service of notices, provided for in this title, may be made either personally or, in case of absence, by leaving the same at the place of residence of the person to be served, with some person of mature age and discretion, at least eight days before the hearing of the application, or by mailing the same, duly enveloped and addressed and postage paid, at least sixteen days before such hearing. Condemnation Law. 145 Po-wer of court to make all necessary orders. § 3396. In all applications made under this title, where the mode or manner of conducting any or all of the proceedings thereon are not expressly provided for, the court before whom such application may be pending, shall have the power to make all the necessary orders ' and give the proper directions to carry into effect the object and intent of this title, or of any act authorizing the sale of corporate real property, and the practice in such cases shall conform, as near as may be, to the ordinary practice in such court. Title, when to take effect. § 3397. This title shall take effect May first, one thousand eight hundred and ninety, and shall not affect any proceeding previously commenced. 19 General Laws Relating to Railroad Corporations, not Included in Those Preceding or Repealed Thereby. Chap. 306, La-vrs of 1892. AN ACT to amend chapter five hundred and sixty-five of the laws of eighteen hundred and ninety, entitled " An act in relation to railroads, constituting chapter thirty-nine of the general laws." Affboyed b7 the GoTernor April 16, 1892. Passed, three-fifths being present Section 1. Section ninety-three of chapter five hundred and sixty- five of the laws of eighteen hundred and ninety, entitled " An act in relation to railroads, constituting chapter thirty-nine of the general laws," is hereby amended so as to read as follows: § 93. Condition upon which consent shall be given ; sale of franchise at public auction. — The consent of the local authorities in cities containing twelve hundred and fifty thousand inhabitants or more, according to the last federal census or state enumeration, must contain the condition that the right, franchise and privilege of using any street, road, highway, avenue, park or public place shall be sold at public auction to the bidder who will agree to give the city the largest percentage per annum of the gross receipts of such corporation, with a bond or undertaking in such forn^ or amount and with such conditions and sureties as maybe required and approved by the comptroller or other chief fiscal officer of the city for the fulfillment of such agreement and for the com- mencement and completion of its railroad within the times herein- after designated according to the plan or plans and on the route or routes fixed for its construction. Whenever such consent shall provide for the sale at public auction of the right to construct and operate a branch or extension of an existing railroad, such consent shall provide that but one fare shall be exacted for passage over such branch or extension and over the line of the road which shall have applied therefor, and further, that if such right shall be purchased by any corporation other than the applicant that the gross receipts from joint business shall be divided in the proportion that the length Genebal Laws. 147 of such extension or branch so sold shall bear to the entire length of the road which shall have applied therefor, and of such branch or extension and that if such right shall be purchased by the applicant, the percentage to be paid shall be calculated on such portion of its gross receipts as shall bear the same proportion to the whole value thereof as the length of such extension or branch shall bear to the entire length of its road. The bidder to whom such right, franchise and privilege may be sold must be a duly incorporated railroad cor- poration of this state, organized to construct, maintain and operate a street railroad in the city for which such consent may be given, but no such corporation shall be entitled to bid at such sale unless at least five days prior to the day fixed for such sale, or five days prior to the day to which such sale shall have been duly adjourned, the corporation shall have filed with the comptroller or other chief fiscal officer of the city, a bond in writing and under seal, with suffi- cient sureties to be approved by such comptroller or officer, condi- tioned that if such right, franchise and privilege shall be sold to such corporation to pay to the city where such railroad is situated the sum of fifty thousand dollars as liquidated damages and not by way of penalty, in the event of the failure of such bidder to fulfill the terms of sale, comply with the provisions of this article pertinent thereto, and complete and operate its railroad according to the plan or plans and upon the route or routes fixed for its construction within the time hereinafter designated for the construction and completion of its railroad, and also conditioned to pay to the company first applying for the consent, if it shall not be the successful bidder, the necessary expenses incurred by such corporation prior to the sale pursuant to requirement and direction of the local authorities, within twenty days after such sale and upon the certificate of the comptroller or other officer conducting the same as to the sum or amount to be paid. Notice of the time and place, and terms of sale, and of the route or routes to be sold, and of the conditions upon which the consent of the local authorities to the construction, operation and extension of such street railroad will be given, must be published by such authorities for at least three successive weeks, and in any city iiaving two or more daily newspapers at least thre« times a week in two of such papers to be designated by the mayor, and in any city where two daily newspapers are not published, at least once a week in a newspaper published therein to be designated by the mayor. The comptroller or othpr chief fiscal officer of the city shall attend and conduct such sale and may twice adjourn the same, but not more than four weeks in all, and shall cancel any bid if the bidder shall not have 148 Geneeal Laws. furnished adequate security entitling such bidder to bid or shall otherwise fail to comply with the terms and conditions of sale, and shall resell the consent and license in the same manner as herein- before provided for the first sale. The bidder who may build and operate such raUroad shall at all times keep accurate books of account of the business and earnings of such railroad, which books shall at all times be subject to the inspection of the local authorities. In the event of the failure or refusal of the corporation operating or using such railroad to pay the rental or percentage of gross earnings agreed upon, and after notice of not less than sixty days to pay the same, the local authorities interested therein may apply to any court having jurisdiction upon at least twenty days' notice to such corporation, and after it shall have had an opportunity to be heard in its defense, for judgment declaring the consent and right to operate and use such railroad forfeited and authorizing the sale again of the same in the manner hereinbefore prescribed, provided, however, that no such resale shall be authorized except upon the condition that the same shall be subject to all liens and incumbrances existing on said railroads at the time such forfeiture may have been declared. All consents hereafter given by the local authorities shall cease and determine at the expiration of two years thereafter, and all such consents heretofore given shall continue until June thirtieth, eighteen hundred and ninety-three, when they shall cease, unless prior thereto the consent of a sufficient number of the property owners or the order of the general term in lieu thereof shall have been first obtained, and the provisions of this section shall apply to all applications for such consents, made under any statute either before or after the passage of this chapter, and not finally acted upon at the time of its passage. Whenever it shall be desired to unite two street surface railroads or railroad routes at some point not over one-half mile from such respective lines or routes and establish by the construction of such connection a new route for public travel and the corporation or corporations owning or using such railroads shall consent to operate such connection as a part of a continuous route for one fare, and it shall appear to the local authorities that such connec- tion can not be operated as an independent railroad without incon-" venience to the public, but that it is to the public advantage that the same should be operated as a continuous line or route with existing railroads, or whenever, for the purpose of connecting with any ferry or railroad depot, it shall be desired to construct an extension or branch not more than one-half mile in length of any street surface railroad, no sale of such franchise shall be made as provided in this section, but Genebal Laws. 149 any consent of the local authorities for the construction and operation of such connection, extension or branch shall provide that the corpo- ration or corporations operating such connection, extension or branch shall pay into the treasury of said city annually the percentages pro- vided for extensions or branches in section ninety-five of this article, for the purposes, at the times, in the manner and upon the conditions set forth in such section. § 2. Section one hundred and two of chapter five hundred and sixty- five of the laws of eighteen hundred and ninety, entitled "An act in relation to railroads, constituting chapter thirty-nine of the general laws," is hereby amended so as to read as follows: § 102. Construction of road in street along or across where other road is built. — No street surface railroad corporation shall construct, extend or operate its road or tracks in that portion of any street, avenue, road or highway, in which a street surface railroad is, or shall be lawfully constructed, except for necessary crossings, with- out first obtaining the consent of the corporation owning and main- taining the same except that any street surface railroad company may use the tracks of another street surface railroad conpany for a distance not exceeding one thousand feet, whenever the court upon an appli- cation for commissioners shall be satisfied that such use is actually necessary to connect main portions of a line to be constructed as an independent railroad, or to connect said railroad with a ferry, and that the public convenience requires the same, in which event the right to such use shall only be given for a compensation to an extent and in a manner to be ascertained and determined by commissioners to be appointed by the courts as is provided in the condemnation law, or by the board of railroad commissioners in cases where the corporations interested shall unite in a request for such board to act. Such com- missioners in determining the compensation to be paid for the use by one corporation of the tracks of another, shall consider and allow for the use of tracks and for all injury and damage to the corporation whose tracks may be so used. § 3. This act shall take effect immediately. 150 Genebal Laws. Chap. 460, Laws of 1892. An Act to amend chapter five hundred and sixty-five of the laws of eighteen hundred and ninety, entitled " An act in relation to railroads, constituting chapter thirty-nine of the general laws." Appeoved by the Governor May 3, 1892. Passed, three-flf ths being present. Section 1. Section one hundred and eight of chapter five hundred and sixty-five of the laws of eighteen hundred and ninety, is hereby amended so as to read as follows: § 108. When sand may be used on tracks. — After the pass- age of this act it shall be lawful for the owner or operator of any horse or surface street railroad in the cities of this state having a population of five hundred thousand or more to place upon the spaces between the tracks of said road, and on the tracks and grades on said railroad at any time between the first of November and the first of April of each year, sand in sufficient limited quantities to prevent the horses traveling thereon from slipping. § 2. This act shall take effect immediately. Chap. 702,' Laws of 1892. AN ACT to amend the railroad law, being chapter five hundred and sixty-five, laws of eighteen hundred and ninety. Appkoved by the Governor May 19, 1892. Passed, three-fifths being present. Section 1. Section sixteen of the railroad law, being chapter five hundred and sixty-five of the laws of eighteen and ninety, is hereby amended to read as follows: § 16. Tunnel railroads. — When, according to the route and plan for the building of its road, adopted by any railroad corporation, including corporations organized under chapter one hundred and forty of the laws of eighteen hundred and fifty, and the acts amend- atory thereof, and supplementary thereto, it shall be necessary or proper to build it or any part of it underground, or to tunnel or bridge any river or waters, such corporation may enter upon, acquire title to and use such lands under water and uplands, except on or along any canals of the state, as shall be necessary for the purposes herein mentioned, and may construct, erect and secure the necessary General Laws. 151 foundations and other Btructures which may be required for operat- ing and maintaining such road, or connecting the same with another, and to acquire, in the manner provided by law, such lands or rights or easements in lands along its route, upon, over or beneath the surface thereof as may be necessary for the construction of its road and making such connections. Where such road runs underneath the ground, at such depth as to enable the corporation to tunnel the same, such tunnel shall be so built and at all times kept in such con- dition as to make the surface of the ground above the same and in the neighborhood thereof firm and safe for buildings and other erections thereon, and if surface excavations are made the surface shall be restored to its former condition as soon as can be done, except so far as may be actually required for ventilation of the tunnel beneath the same or access thereto. Such road or any part of it may be built within the limits of any city or incorporated village of this state, and run by means of a tunnel underneath any of the streets, roads or public places thereof, provided, such corporation shall, before con- structing the same underneath any such street,- road or public place, have obtained the consent of the owners of one-half in value of the property bounded on the line of such street, road or public place, and the consent of the board of trustees of the village, by a resolution adopted at a regular meeting and entered on the records of the board, or of the proper authorities of the city having control of such streets, roads or public places. If the consent of such property owners can not be obtained, the general term of the supreme court, in the district in which said city or village or any part thereof is situated, may upon application appoint three commissioners, who shall determine, after a hearing of all parties interested, whether such railroad ought to be built underneath such streets, roads or public places, or any of them, and in what manner the same may be so built with the least damage to the surface and to the use of the surface by the public and the determination of the commissioners confirmed by the court may be taken in lieu of the consent of the property owners. All railroad corporations constructing their road under this section shall be subject to all the provisions of this chapter applicable thereto. Any other railroad corporation may connect its road there- with, at such points or places as it may elect, and where such connec- tions shall be made by connecting roads, the railroad corporations owning such roads shall build, at their joint expense, and for their joint use, such passenger and freight depots, and other accommoda- tions for handling passengers and freight, as may be required for the 152 General Laws. convenience of the public. AH railroad corporations, constructing any tunnel under this section shall be liable to any person or corpora- tion for all damages which may be sustained by reason of the con- struction of such tunnel. Whenever it shall be necessary in con- structing any railroad authorized by this section through any city or incorporated village, to alter the position or course of any sewer, or water or gas pipes, it shall be done at the expense of the railroad corporation under the direction of the department or corporation hav- ing charge thereof, so as not to interfere with such work. In all cases the use of streets, docks and lands beneath which such rail- road is constructed, and on the route thereof and the right of way beneath the same, for the purpose of such railroad, shall be consid- ered, and is hereby declared, a public use, consistent with and one of the uses for which streets and docks are publicly held. No public park or square in any city or village of this state shall be used or occupied by any corporation for any of the purposes of this section, and every road constructed hereunder in or through any such street or public place shall be wholly underground and constructed in a tunnel and not otherwise. § 2. This act shall take effect immediately. Article VIII, section 1 of the Constitution of the State of New York. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corpo- ration can not be attained under general laws. All general laws and special acts passed pursuant to this section may be altered from time to time. CHAP. 276, LAWS OF 1834. AN ACT to incorporate the Medina and Darien Kailroad Company. ******** Power of Canal Commissioners. § 17. The canal commissioners are hereby invested with a general and supervisory power over so much of any railroad as passes over any canal or feeder belonging to this state, or approaches within ten rods of such canal or feeder, so far as such power may be necessary to preserve the free and perfect use of the canals or feeders of this state, and necessary for making any repairs, improvements or altera- tions in the same; and said company shall not construct their railroad General Laws. 153 over or at any place within ten rods of any canal or feeder belonging to this state, unless said company shall lay before the commissioners aforesaid, a map, plan, and profile, as well of the canal or feeder as of the route designated for their railroad, exhibiting distinctly and accurately the relation of each to the other, at all the places within the limits of ten rods as aforesaid; and shall thereupon obtain the written permission of said canal commissioners, with such conditions, instruc- tions and limitations as, in the judgment of said canal commissioners, the free and perfect use of any such canal or feeder may require. •fC -JC 3(C !fC ^ Pp 3fC SfE CHAP. 133, LAWS OF 1847. AN ACT authorizing the incorporation of rural cemetery associations. No street, road, avenue or thoroughfare to be laid out through a cemetery. § 10. The cemetery lands and property of any association formed pursuant to this act, and any property held in trust by it for any of the purposes mentioned in section nine of this act, shall be exempt from all public taxes, rates and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any individual proprietor. But the proprietors of lots or plots in such cemeteries, their heirs or devisees, may hold the same exempt there- from, so long as the same shall remain dedicated to the purposes of a cemetery, and during that time no street, road, avenue or thorough- fare shall be laid out through such cemetery, or any part of the lands held by such association for the purposes aforesaid, without the con- sent of the trustees of such association, except by special permission of the Legislature of the State. {As amended by L. 1877, ch. 31.) CHAP. 300, LAWS OF 1835. AN ACT to enlarge the powers of commissioners of highways. Lawful for commissioners of highways, having supervision thereof to give written consent for construction across road or highway. Section 1. Whenever any association or individual shall construct a railroad upon land purchased for that purpose, or a route which shall cross any road or other public highway, it shall be lawful for the com- 20 154 Geneeal Laws. missioner of highways, having the Supervision thereof, to give a written consent that such railroad may be constructed across, or on such road or other public highway; and thereafter such association or individual shall be authorized to construct and use such railroad across or on such roads or other highways as the commissioners aforesaid shall have permitted; but any public highway thus inter- sected or crossed by a railroad shall be so restored to its former state as not to have impaired its usefulness. CHAP. 62. LAWS OF 1853. A.N ACT to regulate the construction of roads and streets across railroad tracks. Laying out streets or highways across railroad tracks. Section 1. It shall be lawful for the authorities of any city, village or town in this State, who are by law empowered to lay out streets and highways to lay out any street or highway across the track of any railroad now laid or which may hereafter be laid, without compensa- tion to the corporation owning such railroad; but no such street or highway shall be actually opened for use until thirty days after notice of such laying out has been served personally upon the president, vice-president, treasurer or a director of such corporation. Railroad corporations to cause street laid out across their track to be taken at most convenient place for public travel. § 2. It shall be the duty of any railroad corporation, across whose track a street or highway shall be laid out as aforesaid, immediately after the service of said notice, to cause the said street or highway to be taken across their track, as shall be most convenient and useful for public travel, and to cause all necessary embankments, excavations and other work to be done on their road for that purpose; and^all the pro- visions of the act, passed April 2, 1850, in relation to crossing streets and highways, already laid out, by railroads, and in relation to cattle-guards and other securities and facilities for crossing such roads, shall apply to streets and highways hereafter laid out. Penalty for neglect or refusal- § 3. If any railroad, corporation shall neglect or refuse, for thirty days after the service of the notice aforesaid, to cause the necessary work to be done and completed, and improvements made on such General Laws. 155 streets or highways across their road, they shall forfeit and pay the sum of twenty dollars for every subsequent day's neglect or refusal, to be recovered by the officers laying out such street or highway to be expended on the same; but the time for doing said work may be extended, not to exceed thirty days, by the county judge of the county in which such street or highway, or any part thereof, may be situated, if, in his opinion, the said work cannot be performed within the time limited by this act. CHAP. 452, LAWS OF 1881. AN ACT to authorize corporations owning canals to con- struct and operate railroads along side of or in lieu thereof. Corporation owning canal may construct railroad, Sectioh 1. It shall be lawful for any corporation of this State owning and operating a canal to construct and operate along or in lieu of such canal a railroad, and the exercise of the authority hereby conferred shall not be deemed to forfeit or impair its corporate rights under its charter or act of incorporation. Corporate powers. § 2. Such company, in the construction and maintenance of any such railroad under the authority of this act, shall have, possess and enjoy all the powers and privileges contained in an act entitled " An act to authorize the formation of railroad corporations and to regulate the same," passed April 2, 1850, and the several acts amending the same, and be subject to aU the duties, liabilities and provisions so far as relates to any powers or privileges by this act upon said company conferred and hereafter exercised. Not authorized to construct railroad in any other locality. § 3. Nothing in this act contained shall authorize the construction of any railroad except upon or along such canal owned and operated by any such company, and not in any other locality. CHAP. 189, LAWS OF 1891. AN ACT to incorporate the Whirlpool Bridge Company. Power to take and hold real estate; corporation to have same powers as railroad corporations in certain matters. § 7. The said corporation is hereby empowered to purchase, receive and hold such real estate on either side of the Niagara river, as may 156 General Laws. be necessary and convenient in accomplishing the objects for which this charter is granted, and may, by their surveyor and engineer, enter upon such sites and locations and take possession of the same. All such sites and locations as shall be entered upon, as aforesaid, shall, except donations, be purchased of the owner or owners at a price to be mutually agreed upon; in cases of disagreement as to the prices to be paid for such land, within the boundaries of the State of New York, then the said corporation shall possess all the powers and privi- leges contained in the thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty- second, twenty-third, twenty-fourth, twenty-fifth, twenty-sixth and twenty-eighth sections of the act entitled " An act to authorize the formation of raUroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, and as the same have been and stand amended and subject to the duties, liabilities and provisions of the said sections contained. This corporation to possess general powers, etc., pre- scribed in act authorizing consolidation of certain railroad companies. § 8. The corporatian shall possess the general powers and be sub- ject to the restrictions and liabilities prescribed in the act entitled " An act authorizing the consolidation of certain railroad companieB," passed May twentieth, eighteen hundred and sixty-nine, so far as the same are applicable thereto, for the purpose of consolidating with any corporation chartered for like purposes by the parliament of Canada; and shall further have the power to lease the said bridge, the approaches and connections and appurtenances thereto, to any char- tered corporation for such time and on such time and terms as may be agreed upon. CHAP. 555. LAWS, OF 1890. AN ACT to provide for the improvement and maintenance of the public roads in certain counties as county roads. Construction of horse, electric or other railways. § 7. No horse railway or electric or other railway shall be laid, con- structed or operated on said county roads, unless, in addition to the requirements of existing laws, the same shall be authorized by a two- third vote of the board of supervisors and unless the same shall be constructed with a flat or grooved rail, and in case of horse railways, General Laws. 157 paved between the tracks in the manner prescribed by the board of supervisors in the resolution authorizing the same and the same con- stantly maintained in good order and condition by said railroad com- pany, and the railroad or corporation constructing the same shall agree thereto, and it shall be the duty of the said board of supervisors to require from said railroad or corporation, or other person, a bond with sufficient sureties as a guarantee, and conditioned for the per- formance of their agreement, and the board of supervisors may, from time to time, require such bond to be renewed in case the sureties or any of them, in its judgment, shall become insufficient. CHAP. 253, LAWS OF 1891. AN ACT concerning the Niagara Falls Power Company, and to amend chapter eighty-three of the laws of eighteen hundred and eighty-six, as amended. by chapter one hundred and nine of the laws of eighteen hundred and eighty-nine. Right to enter upon lands under streets, highways, rail- roads, etc. § 10. Said company may enter upon and use the ground or soil under any street, highway, road, railroad land or public ground, except Erie canal land, within said counties for the purposes aforesaid, and may, when necessary, change the location or surface grade of any street, highway or road; and such right shall be continuous for said purposes, including the relaying, repairing, altering or extending its works; provided, however, that in cases where any open canal or other open work of said company, shall cross any street, highway, road, public ground or railroad land, said company shall construct, and at all times thereafter maintain suitable and proper bridges over its said work where such bridges are rendered necessary by the con- struction of its said works; and in cases where its pipes or other covered work shall be laid under the surface of any road, street highway, public ground or railroad land the surface thereof shall be made and kept suitable for public travel, and as nearly as may be as it was before said work was done; and in cases of posts and elevated conductors, cables or wires upon and over such road, street, highway, public ground or railroad land, the same shall be so placed and elevated as not to interfere with the ordinary use thereof by the public or railroad company, or highway or railroad purposes. 158 Genebal Laws. CHAP. 267, LAWS OF 1891. AN ACT to authorize change of gauge on railroads and to provide for an increase of floating and bonded indebtedness. Section 1. Any railroad company incorporated under chapter one hundred and forty of the laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same," and acts amendatory thereof and supplementary thereto, may change the gauge of its road on consent of the board of railroad commissioners and approval of the stockholders of said rail- road company owning three-fourths in amount of the capital stock, said approval of said stockholders to be made at a special meeting of the stockholders of said ccmpany called for that purpose; and upon like consent of said board of railroad commissioners, and upon like approval of the stockholders of said railroad company owning three- fourths in amount of the said capital stock of said company, the float- ing and bonded indebtedness of said railroad company may be increased to an amount necessary to make such change of gauge and to provide for the operating expenses of said railroad, notwith- standing restrictions or limitations contained in the original certificate of incorporation of said railroad company. CHAP. 604, LAWS OF 1892. AN ACT for the relief of street surface railroad companies organized under chapter two hundred and fifty-two of the laws of eighteen hundred and eighty-four. Section 1. Any street railroad company now organized under chapter two hundred and fifty-two of the laws of eighteen hundred and eighty-four, which shall have heretofore constructed and is now operating any extension or branch of its railroad along any streets or highways or j)ortion thereof within any county named in its articles of association, in a city not exceeding in population fifty thousand inhabitants, and shall heretofore have obtained the consent of the owners of one-half in value of the property bounded on and the con- sent also of the local authorities having control of that portion of a street or highway upon which it has constructed or operated such railroad, is hereby authorized to operate and maintain the same respectively in like manner and as fully as if the said streets and GBNEBAii Laws. 159 highways, or portions thereof, were fully named and described in its articles of association, and upon filing in the office of the secretary of state a certificate signed by its board of directors, which certificate shall contain a statement of the names of cities, towns, Tillages and counties, and the names or descriptions of the streets, avenues and highways in which such extension or branch has been constructed, the places from and to which the same has been constructed and is to be maintained and operated, and the length thereof, as near as may be; thereupon the said extensions and branches shall be deemed and considered a part of the lines of railway of such corporation from the date of the filing thereof, with the same force and effect as if the same were fully named and described in its original articles of association, and all corporate action relating to the construction, maintenance and o peration of such extensions or creating liens upon the same by the said corporation, are hereby validated and confirmed. § 2. Nothing in this act contained shall affect or impair any vested right or any pending litigation. § 3. This act shall take effect immediately. CHAP. 294, LAWS OF 1891. AN ACT in relation to elevated railways in cities. When elevated road may abandon part of its route ; pro- ceeding's in such case. Section 1. Any company operating an elevated railway or railways in any city of this state for the transportation of passengers, mails or freight, and which, prior to the passage of this act shall have built and operated six-tenths of its route as set forth and embodied in its articles of incorporation, may declare relinquished* and abandoned any portion of its said route, which it may deem no longer necessary for the successful operation of its road and the convenience of the public. Such declaration of abandonment to be valid, shall be adopted by the board of directors, under the seal of such company, and shall be submitted to the stockholders thereof at a meeting called for the purpose of taking the same into consideration. Due notice of the time and place of holding said meeting, and stating the object thereof shall be given by the company to its stockholders by written or printed notices addressed to each of the persons in whose name the capital stock of the company stands on the books thereof, at the •So In the original. 160 General Laws. address of such persons as stated on the books, or as known to the secretary of the company, and delivered or mailed to such persons, or the legal representatives of such persons, respectively, at least thirty days before the time of holding the meeting of such company, and also by a general notice published daily for at least four weeks in some newspaper last designated for the publication of the session laws or of judicial proceedings and legal notices in the county where the route of such company is located; and at the said meeting of stockholders the declaration of the said directors shall be considered and a vote by ballot taken for the adoption or rejection of the same, each share entitling the holder thereof to one vote, and said ballots shall be cast in person or by proxy, and if two-thirds of all the votes of the stock- holders cast in person or by proxy at said meeting shall be for the adoption of said declaration of abandonment, then that fact shall be certified thereon by the secretary of the company under the seal thereof, and the declaration so adopted shall be submitted for approval to the state board of railroad commissioners, and if approved by them, such approval shall be indorsed thereon, and the said declaration so certified and indorsed shall be filed and recorded in the office of the secretary of state, and from the time of such filing such portion of said route designated, in such declaration of such company shall be deemed to be abandoned. A copy of such declaration of abandon- ment, duly certified by the secretary of state, under his official seal, shall be presumptive evidence in all courts and places of the facts which it recites, and of the regularity of the proceedings resulting in such abandonment. CHAP. 416, LAWS OF 1890. AN ACT to allow domestic electric light and power corpo- rations to build, maintain and operate by electricity as a motive power, railroads other than street surface rail- roads and not exceeding twenty miles in length. Section 1. All stockholders of any domestic electric light and power company incorporated under a general law, and having at least fire stockholders, and actually carrying on business in this state, may execute and file in the offices in which the original certificates of incorporation thereof are filed, an amended certificate of incorpora- tion, complying in every other respect than as to the number of signers, who shall be mot less than five, and as to the number of directors, who shall not be less than five, with the provisions of General Laws. 161 section one and two of chapter one hundred and forty of the laws of eighteen hundred and fifty, entitled " An act to authorize the forma- tion of railroad corporations and to regulate the same," and may also in and by such certificate amend the corporate name of such corpora- tion, by adding before the word " company " in its corporate name the words " and railroad," and upon the filing of such certificate the said corporation shall have the right to build, maintain and operate by electricity as a motive power a railroad not exceeding twenty miles in length and not a street surface railroad, and such corporation shall otherwise be subject to all the provisions of the general railroad laws of the state, and have all the powers, rights and privileges thereby conferred upon railroad corporations. § 2. This act shall not apply to any railroad now located in whole or in part or hereafter to be located in any city in this state. CHAP. 322, LAWS OF 1870. AN ACT to authorize corporations to change their names. Corporation may apply for change of name Section 1. Any incorporation, incorporated company, society or association organized under the laws of this state, excepting banks> banking associations, trust companies, life, health, accident, marine and fire insurance companies, may apply at any special term of the supreme court sitting in the county in which shall be situated its chief business office, for an order to authorize it to assume an other corporate name. ( Thus amended by Laws of 1876, chap. 280.) Form of petition ; notice of application, how published ; of what facts court must he satisfied. § 2. Such application shall be by petition, which shall set forth the grounds of the application, and shall be verified by the chief officer of the corporation. Notice of such application shall be published for six weeks in the state paper and in a newspaper of every county in which such corporation shall have a business office or, if it have no business office, of the county in which its principal corporate property is situated, such newspaper to be one of those designated to publish the session laws; and it must appear to the satisfaction of the court that such notice has been so published, and that the application is made in pursuance of a resolution of the directors, trustees or other managers of the corporation applying. In the city and county of New York, in place and stead of the foregoing publications, such 21 162 Genebal Laws. notice shall be published for six weeks in two daily newspapers pub- lished in said county. {Thus amended by chap. 38, Laws of 1891.) Power of court to make order; copy of order, where to be filed ; same to be published. § 3. If the court to which such application is made shall be satis- fied, by such petition so verified, or by other evidence, that there is no reasonable objection to such corporation changing its name, it may make an order authorizing it to assume the proposed new corporate name. A copy of said order shall be filed in the office of the secretary of state and with the county clerk of every county in which said cor- poration has a business office, or, if it have no business office, of the county in which its principal corporate property is situated, and be published at least once in each week for four weeks in some news- paper in every county where such corporation has a business ofSce, or if it have no business office, in the county in which its principal corporate property is situated, such newspapei to be designated by the court. Chang-e of corporate name, when to take effect. § 4. "When the requirements of this act shall have been complied with, the corporation applying for a change of name may, from and after the day specified in the order of the court, be known by and use the new corporate name designated in the order of the court. Change of name not to affect pending suits, etc. ; obligations and actions, how enforced or continued. § 5. No suit or legal proceeding commenced by or in behalf of or against any corporation shall abate by reason of a change of its cor- porate name made as herein authorized. Such change of the corpo- rate name of the said corporation or company shall in no way affect the rights or liabilities of said corporation or company. All obliga- tions of said company or corporation may be enforced against said corporation or company in the changed name, and all actions and pro- ceedings commenced and pending against said corporation or company at the time said corporate name is changed shall be continued in the name in which said action or proceedings were commenced, or the court may, on the application of either party, allow the action or proceeding to be continued in the corporate name to which said corporation or company has been changed. General Laws, 163 CHAP. 317, LAWS OF 1881. AN ACT to authorize a change, in certain cases, of the time for holding elections in railroad companies. Companies may change time for holding elections. Section 1. Any railroad company, the time for the annual election of directors in which is now fixed for any day in the month of June, may, by a vote of a majority of the stock, either in person or by proxy, thereof to that effect, and filing in the office of the secretary of state a copy of such proceedings, certified by the secretary of the company under its corporate seal, change the time for holding such annual election to any day in the month of April; provided, however, that the first election held under such resolution shall be held in the month of April which shall precede the time at which such election would otherwise have been held. CHAP. 378, LAWS OF 1883. AN ACT in relation to receivers of corporations. Application for appointment of receiver, where made. Section 1. Every application hereafter made for the appointment of a receiver of a corporation shall be made at a special term of the court held in and for the judicial district in which the principal business office of the corporation was located at the commencement of the action wherein such receiver is appointed or in and for a county adjoining such district; and any order appointing a receiver, other- wise made, shall be void. Compensation. § 2. Every receiver shall be allowed to receive, as compensation for his services as such receiver, five per centum for the first $100,000 received and paid out, and two and a half per centum on all sums received and paid out in excees of the said $100,000. But no receiver shall be allowed or shall receive, from such percentages or otherwise, for his said services for any one year, any greater sum or compensation than $12,000, nor for any period less than one year more than at the rate 164 General Laws. of $12,000 per year, provided that where more than one receiver shall be appointed, the compensation shall be divided between such receivers. (Thus amended, chap. 275, Laws of 1886.) Order appointing receiver to designate place of deposit. § 3. All orders appointing receivers of corporations shall designate therein one or more places of deposit, wherein all funds of the cor- poration not needed for immediate disbursement shall be deposited, and no deposits or investments of such trust funds shall be made else- where, except upon the order of the court upon due [notice given to the attorney-general. Duties of receiver. § 4 It shall be the duty of every receiver of an insurance, banking or railroad corporation, or trust company, to present every six months to the special term of the supreme court, held in the judicial district wherein the place of trial or venue of the action or special proceeding in which he was appointed may then be, on the first day of its first sitting, after the expiration of said six months, and to file a copy of the same, if a receiver of a bank or trust company, with the bank superintendent; if a receiver of an insurance company, with the superintendent of insur- ance, and in each case with the attorney-general, an account exhibit- ing in detail the receipts of his trust, and the expenses paid and incurred therein during the preceding six months; and it shall be unlawful for any receiver of the character specified. in this section to pay to any attorney or counsel any costs, fees or allowance until the amounts thereof shall have been stated to the special term in this manner, as expenses incurred, and shall have been approved by that court by an order of the court duly entered; and any such order shall be the subject of review by the general term and the Court of Appeals on an appeal taken therefrom by any party aggrieved thereby. Of the intention to present such account, as aforesaid, the attorney- general shall be given eight days' notice in writing, and the attorney- general shall examine the books and accounts of such receiver at least once every twelve months. {Thus amended by chap. 40, Laws of 1885.) Intervener to pay his own legal expenses ; no allowance to be made for costs to attorney. § 5. In case of the intervention of any policy-holder or depositor, by permission of the court, such poUcy-holder or depositor shall defray the legal expenses thereof, and no allowance shall be made for costs or fees to any attorney of such policy-holder or depositor. General Laws. 165 Receiver to close up affairs within one year. § 6. The affairs of every insolvent corporation now in the hands of any receiver shall be fully closed up by the receiver thereof within one year from the passage of this act, unless the court, upon applica- tion by said receiver and upon due notice to the attorney-general, shall give additional time for that purpose. Attorney-General may apply to have receiver removed; appeal. § 7. The Attorney-General may, at any time he deems that the inter- ests of the stockholders, creditors, policy-holders, depositors or other beneficiaries interested in the proper and speedy distribution of the assets of any insolvent corporation will be subserved thereby, make a motion in the supreme court at a special term thereof, in any judicial district, for an order removing the receiver of any insolvent corpora- tion and appointing a receiver thereof in his stead, or to compel him , to account, or for such other and additional order or orders as to him may seem proper to facilitate the closing up of the affairs of such receivership, and any appeal from any order made upon any motion under this section shall be to the general term of said court of the department in which such motion, is made. Copies of all papers to be served on attorney-general. § 8. A copy of all motions and all motion papers, and a copy of any other application to the court, together with a copy of the order or judgment to be proposed thereon to the court, in every action or pro- ceeding now pending for the dissolution of a corporation or a distri- bution of its assets, or which shall hereafter be commenced for such purpose, shall, in all cases, be served on the attorney-general, in the same manner as provided by law for the service of papers on attor- neys who have appeared in actions, whether the applications but for this law would be ex parte or upon notice, and no order or judgment granted shall vary in any material respect from the relief specified in such copy or order unless the attorney-general shall appear on the return day and have been heard in relation thereto; and any order or judgment granted in any action or proceeding aforesaid, without such service of such papers upon the attorney-general, shall be void, and no receiver of any such corporation shall pay to any person any money directed to be paid by any order or judgment made in any such action or proceeding, until the expiration of eight days after a certified copy of such order or judgment shall have been served aa aforesaid upon the attorney-generaL 166 General Laws. Where applications under this act to be made; venue changed. § 9. All applications to the court contemplated by this act shall be made i:a the judicial district where the principal office of the inBol- vent corporation was located; and the venue of all actions or pro- ceedings now pending, not in the judicial district where the principal office of the insolvent corporation was located, are hereby changed and transferred to the county and judicial district where such princi- pal office was located. Preference on calendar. § 10. All actions or other legal proceedings and appeals therefrom, or therein brought by or against a receiver of any of the insolveni corporations referred to in this act, shall have a preference upon the calendars of all courts next in order to actions or proceedings brought by the people of the state of New York. Repeal. § 11. All acts or parts of acts inconsistent herewith are hereby repealed. CHAP. 285, LAWS OF 1884. AN ACT to provide for the transfer of securities and prop- erty by bankrupt corporations to the receivers of such corporations, and for the transfer by the superintend- ent of the insurance department to receivers of insol- vent life insurance and annuity companies of funds and. securities deposited with such superintendent by such company for the security of policy-holders. Where receivers have or shall be appointed for any corpo- ration other than Insurance companies on application by attorney-general, property to vest in receiver ; proviso. Section 1. In all cases where receivers have been or shall be appointed for any corporation of this state other than an insurance company, on application by the attorney-general, all property, real and personal, and all securities of every kind and nature belonging to such corporation, no matter where located or by whom held, shall be transferred to, vested in and held by such receiver; provided, how- ever, that such transfer shall only be made when directed by an order of the supreme court, due notice of the application for such order having been made on the attorney-general and the custodian of the funds, securities or property. General Laws. 167 CHAP. 376, LAWS OF 1885. AN ACT to provide for the payment of wages to employees, operatives and laborers of domestic -corporations, other than insurance and moneyed corporations, of which a receiver shall be appointed. Wag^es of employees to be preferred. Section 1. Where a receiver of a corporation created or organized under the laws of this state and doing business therein, other than insurance and moneyed corporations, shall be appointed, the wages of the employees, operatives and laborers thereof shall be preferred to every other debt or claim against such corporation, and shall be paid by the receiver from the moneys of such corporation which shall first come to his hands. CHAP. 310, LAWS OF 1886. AN ACT to provide for the winding up of corporations which have been annulled and dissolved by legislative enactment. Duty of attorney-g-eneral. Section 1. Whenever any corporation organized under the laws of this state shall be annulled and dissolved by an act of the legislature, it shall be the duty of the attorney-general immediately thereafter to bring a suit to wind up and finally settle and adjust the affairs of such annulled and dissolved corporation. Suit, where to be brought. § 2. Such suit shall be brought in the supreme court in the name of the people of the state, in any county which the attorney-general may select. The president, or vice-president, or secretary, or treasurer of such dissolved corporation, who may have been in office at the time of the dissolution thereof, shall be named, as such officer, as defendant in such suit, and the summons and complaint therein shall be served upon him. If, at the time of such annuUment and dissolution, there shall not be one of the above designated officers of such corporation, then such suit shall be brought against and the summons and com- plaint therein served upon any one of the persons who were last acting AS directors of such corporation. 168 Geneeal IjAWi Court to appoint receiver. § 3. It shall be the duty of the special term of the supreme court in the county designated in such summons and complaint, or of any judge of said court who resides in the judicial department ia which such county is situated, upon the presentation of a certified copy of the act of the legislature annulling and dissolving a corporation, and of the summons and complaint founded thereon, immediately to appoint a receiver of the assets and property of such dissolved corpo- ration; and the person so appointed shall be both the temporary and permanent receiver thereof, and shall give a bond with sureties to be approved by said court or such judge thereof, to the people of the State in t^e penalty of not less than $10,000, conditioned for the faith- ful discharge of his duties as such receiver, and for his due accounting for, and paying over all moneys and property which may come to his hands as such receiver. No one of the officers, directors or stock- holders of such corporation shall be appointed such receiver thereof. Receiver to make inventory. § 4. Such receiver shall, immediately after his appointment and the approval of his botfd, cause an inventory of all the property of such dissolved corporation to be taken and filed in the office of the clerk of the county in which such action is pending, and for the purpose of ascertaining the nature, extent and location of such property, the said receiver shall have power to compel the attendance of witnesses, as hereinafter provided, and all evidence taken by or before said receiver in relation to such property shall be filed by him in the office of such county clerk. Notice to creditors; powers and duties of receiver; credi- tors to present claims. § 5. The said receiver shall, immediately after his appointment, pub- lish in two newspapers to be designated by said court, or such judge thereof, daily for one week, and for such longer time, not exceeding one month, as the said court or such judge thereof may by order designate, a notice to all creditors of such dissolved corporation to present their claims and demands against, and all evidences of indebt- edness of such dissolved corporation, to such receiver at a time and place to be designated in such notice. Such receiver is hereby authorized to examine on oath any of such creditors, or claimants, or other witnesses, as to any and all matters pertaining to any claim or demand or evidence of indebtedness so presented. At the expira- tion of ten days from the date specified in such notice, or within General Liws. 169 sucii further time as may be allowed by said court or such judge thereof, the said receiver shall make a list of all the claims presented to or proved before him, in vrhich list he shall specify the amount, origin and true consideration of each claim so presented to or proved before him, and the name of the person in whose behalf the same is presented or proved, and the date when such claimant became the true owner thereof. Such list when so completed shall be verified by such receiver, and shall thereupon be filed, together with such evidence as may have been taken by him, in the office of the said county clerk. The said receiver shall, immediately after such filing, publish a notice daily for fourteen days in two newspapers to be designated by said court, or such judge thereof, stating that such list will be presented to such court, or to a judge thereof, residing in such county, on a day and at a place to be designated in such notice, and the said court or such judge thereof will then and there be asked for an order directing the sale at public auction of all the property specified in such inventory. Any creditor or stockholder may appear and be heard at such time and place. It shall be the duty of said court, or of such judge thereof, to whom such list shall be presented, to examine the same, together with such evidence as the receiver shall have taken, and to reject all claims, demands and evidences of indebtedness which were not legally incurred or created by said corporation, or which were in excess of its powers, or which are for any reason shown to be illegal; and no claim or demand shall be allowed for any greater amount than the money value of the consideration therefor, unless the said court or judge shall find and decide from the evidence taken by and before the receiver, that the person professing to own such claim does in truth own the same by reason of having taken a negotiable instru- ment or paper before the act dissolving and annulling the corporation alleged to be bound by such instrument or paper, and also before such instrument or paper was by its terms due, and that the same was taken for value paid, and parted with in good faith before said act of dissolution and without knowledge or notice of any defect, want or deficiency of previous consideration, or other equity, off-set or deferee originally attaching to such instrument or paper, or to the claim or demand upon which the same are founded. Such examina- tion and rejection shall be made by such court or such judge thereof, and not by any referee. 170 General Liws. When claim of creditop is debarred; right of creditor to appeal; sale of property; allowance to receiver ; distri- bution of assets. § 6. All creditors whose claims shall not have been presented as above provided shall be debarred from participating in the avails of the sale of the property described in said inventory. Any creditor whose claim may have been rejected, and who shall have appealed, may apply to said court or such judge thereof for an order that a pro rata amount of the avails of such sale which would have appertained to the claim of such creditor, had not the same been rejected, may be retained in court to abide the result of his appeal, and said court, or such judge thereof, shall have discretion to grant the same. Any claimant feeling aggrieved by such rejection may appeal therefrom to the general term and to the Court of Appeals, in the manner now provided by law for such appeals from orders in civil actions, but neither of such appeals shall stay the proceedings of such receiver or court, or judge thereof, or a sale of such property as herein provided for. The amount of all claims and demands so rejected by said court or such judge shall be deducted from the total amount of claims and demands so filed by the said receiver, and ah entry of such rejection shall be made upon said list by said court or such judge, and thereupon the said court or such judge shall by order, reciting the proceedings direct the immediate sale by said receiver, at public auction, at a time and place and in the manner, and after such notice as may be provided in said order, of all the property in said inventory specified, to such per- son, firm or corporation as shall bid the highest sum or amount there- for. .The receiver shall report to said court or such judge thereof, the name of the highest bidder, the amount bid, and thereupon said court or such judge thereof shall by order forthwith direct the said receiver by proper written instrument to convey and transfer all of the property described in said inventory, and offered "for sale at said auction, to said highest bidder, who on receiving the same shall pay to the receiver the sum bid. The said court or such judge thereof, shall allow to the receiver two per cent upon the whole amount received by him from the sale of the property described in said inventory for his compensation as such receiver, and also his disbursements, includ- ing witness' fees, and the service of subpoenas and to the %ttomey- general, and to such other counsel as the receiver may find it necessary to employ, a reasonable counsel fee. The residue of the amount in the hands of the receiver shall be by him distributed among the owners of General Laws. 171 the claims in said list, which have been allowed subject to the deduc- tions above provided for in case of an appeal, pro rata, or in full if such residue shall be sufScient therefor, and the receipts of such owners therefor shall be taken upon such list of claims. The balance of such residue, if any, shall be distributed among the lawful stockholders of such corporation in proportion to their interest therein. Proceedings not to be stayed. § 7. No issue raised by answer, or demurrer, or otherwise, to the complaint hereinbefore provided for shall stay the proceedings of the receiver, or court, or a judge thereof. Discharge of receiver. § 8. The said receiver after such payment may apply to said court, or a judge thereof jfor his final discharge, and if it shall appear that the said receiver has in all things fulfilled his duty in the premises, the said court or judge shall grant such final discharge, and said receiver, until so discharged, may as such receiver sue for and collect all debts due, and demands owing to such corporation. Subpoenas, by whom issued ; receiver may administer oaths ; false swearing, perjury. § 9. It shall be the duty of the clerk of the county in which such suit is brought, to issue, upon the request of the receiver, sub- poenas to compel the attendance of witnesses to enable him to ascertain the nature, Extent and location of the property of said corporation, and to give evidence concerning any claim which may be presented by any creditor against the estate of such corporation, which subpoenas shall be served in like manner as in civil actions, and the fees of the witness shall be the same as are now established by law in such actions. The receive'r shall have full power and authority to administer oaths to all such witnesses and to any creditor of such dissolved corporation, and to examine them concerning the prop- erty of such dissolved corporation, and as to the claims presented against it. Disobedience to such subpoenas shall be a contempt of court, and shall be punished in like manner as other contempts of court are now punishable. Willful false swearing by any witness or creditor in any such examination shall be deemed perjury, and shall be punishable as such in like manner as if committed by a witness en a trial of a civil action. 172 Genebal likVfB. Leave to sue receiver, how and where obtainable. § 10. All applications for leave to sue such receiver and all appli- cations for injunctions to restrain his proceedings, shall be made only to the supreme court in the county in which such action was brought, and shall not be made to any other court, or to the supreme court in any other county, and shall not be granted except upon eight days' notice to the attorney-general of the time and place of making such application. In any action hereafter brought or now pending by the attorney-general, to close up, determine or settle the affairs of any corporation dissolved by legislative enactment, the judgment or determination of the supreme court at general term may be reviewed upon appeal to the Court of Appeals, as now provided by law, whether the judgment rendered in the case be interlocutory or final. {Thus amended, chap. 601, Laws of 1887.) Repeal, etc. § 11. This act shall take effect immediately, and all acts and parts of acts inconsistent therewith are hereby repealed. CHAP. 84, LAWS OF 1871. AN ACT to authorize the owners and holders of certain railroad mortgage bonds, made payable to bearer, to render the same payable to order only. Railroad and other corporate bonds ; how made non-nego- tiable. Section 1. It shall be lawful for any person or persons owning and holding any railroad mortgage bonds, or other corporate bonds (for which a registry is not by law provided), heretofore issued or which may be hereafter issued and made payable in this state and which are made payable to bearer, to render the same non-nego#.able by the owner and holder indorsing upon the same and subscribing a state- ment that said bond is the property of such owner. And thereupon the principal sum of money mentioned in said bond shall only be pay- able to such owner or his legal representatives or assigns. Transfers : how made. § 2. The bonds described and referred to in the first section of this act may be transferred by an indorsement in blank, giving name and residence of assignor, or they may be transferred by an indorsement payable to bearer or to the order of the purchaser (naming him), sub- scribed by the assignor, giving name and place of residence. General Laws. 173 CHAP. 595, LAWS OF 1873. AN ACT relative to certain negotiable corporate bonds and obligations. How owner may make bonds non-negotiable. Section 1. The owner or holder of any corporate or municipal bond or obligation (except such as are designed to circulate as currency) payable to bearer, heretofore issued, or which may hereafter be issued and payable in this state, but not registered in pursuance of any law thereof, may niake the same non-negotiable (except as provided in the second section of this act), by subscribing his name to a statement indorsed thereon that such bond or obligation is his property; and thereupon the principal sum therein mentioned shall be payable only to such owner or holder, or his legal representatives or assigns. How transferred after such indorsement. § 2. The bonds and obligations mentioned in the last section, after having been indorsed as therein provided, may be transferred by an indorsement, in blank, or payable to bearer, or to order, with the addition of the assignor's place of residence. The provisions of this act to apply to interest coupons. § 3. The provisions of this act shall apply to all interest coupons accompanying any corporate or municipal bond or obligation pay- able in this state. Repeal. § 4. So much of chapter 84 of the Laws of 1871, entitled "An act to authorize the owners and holders of certain railroad mortgage bonds, made payable to bearer, to render the same payable to order only," as is inconsistent with this act is hereby repealed. CHAP. 779, LAWS OF 1868. AN ACT in relation to mortgages executed by railroad companies. Chattel mortgages. Section 1. It shall not be necessary to file as a chattel mortgage, any mortgage which has been, or shall hereafter be, executed by any raiboad company upon real and personal property, and which has been or shall be recorded as a mortgage of real estate in each county in or through which the railroad runs. 174 Genebal Laws. CHAP. 529, LAWS OF 1870. AN ACT in relation to mechanics' liens. Provisions of lien law extended to railroad bridges and trestle work. Section 1. The provisions of the laws relating to mechanics' liens heretofore passed shall apply to bridges and trestle work erected for railroads and materials furnished therefor, and labor performed in constructing said bridges, trestle work and other structures con- nected therewith, and the time within which said liens may be filed shall be extended to ninety days from the time when the last work shall have been performed on said bridges, trestle work and struc- tures connected therewith, or the time from which said materials shall have been delivered. This act shall apply to all uncompleted work commenced previous to the passage of this act. CHAP. 392, LAWS OF 1875. AN ACT for the better security of railroad employees for labor performed. Lien for labor upon rolling stock, track, etc. Section 1. Any person who shall hereafter perform any labor for a railroad corporation shall, on filing with the county clerk of any county in which such railroad corporation is situated, or through which the road of such corporation passes, the notice prescribed by the second section of this act, have a lien for the value of such labor upon such railroad track, rolling stock and appurtenances, and upon the land upon which such railroad track and appurtenances are situated, to the extent of the right, title and interest of such rail- road corporation in the property existing at the time of filing the said notice. When notice to be filed ; to be entered by county clerk on " lien docket ; " fee. § 2. Within thirty days after the performance and completion of (such labor, such person shall file a notice in writing with the county clerk of the county where the property is located, specifying the amount of claim, and the corporation against whom the claim is made. The county clerk shall enter the particulars of such notice in a book to be kept in his office, to be called the " lien docket," with the name of claimant, amount claimed, the name of such corporation against which such claim is made, and the date of the filing of the notice, Genebal Laws. 175 hour and minute. A fee of ten cents shall be paid to said clerk on filing such lien, and said notice when so filed, shall thereafter operate as an incumbrance upon said property. Value of labor to be proved on trial. § 3. Any person performing labor, in availing himself of the pro- visions of this act, shall upon the trial, or at the assessment of damages, produce evidence to establish the value of such labor, aid that the same was performed for such railroad corporation. Lien, how enforced. § 4. Any laborer, performing any work, or assignee thereof, may, after such labor is performed, and the service of the notice required by the first section of this act, bring an action in any of the courts of the county in which said property is situated, to enforce said lien, requiring such railroad corporation to appear, by attorney, within thirty days after such service and answer the same, or, in default thereof, the claimant may take judgment for the amount of claim anil costs. Lien to continue one year. § 5. Every lien created under the provisions of this act shall continue until the expiration of one year, unless sooner discharged by the court or some legal act of the claimant in the proceedings; but when a judgment is entered therein, and docketed with the county clerk within said year, it shall be a lien upon the real property of the rail- road corporation against whomlit is obtained to the extent that other judgments are now made a lien thereon. Priority of liens. § 6. The liens created and established by virtue of the provisions of -this act shall be paid and settled according to the priority of the notice filed with the county clerk, as directed by the second section hereof. Liens, how discharged. § 7. All liens created by this act may be discharged as follows: 1. By filing with the county clerk a certificate of the claimant, or his successors in interest, acknowledged or proved in the same man- ner as a conveyance of real estate, stating that the lien has been paid or discharged; or 2. By depositing with the court or clerk of the court a sum of money equal to double the amount claimed which money shall be thereupon held subject to the determination of the lien; or 176 GENEEiL Laws. 3. By an entry of the county clerk made in the book of liens, that the proceedings on the part of the claimant have been dismissed by the court in which it is brought, or a judgment rendered against the said claimant; or 4. By an affidavit of the service of a notice from such railroad cor- poration, or its attorney, to the claimant, requiring such claimant to commence an action for the enforcement of said lien within twenty days after service of said notice, and the failure of said claimant to com- mence an action as aforesaid. Personal liability of stockholders; notice; time for com- mencing action. §8. Each and all the stockholders of such corporation shall be jointly and severally liable for the debts due or owing to any of its laborers or servants, other than contractors, for personal service for ninety days service, or less than ninety days service, performed for such corporation, but shall not be liable to an action therefor, before an execution shall be returned unsatisfied in whole or in part against the corporation, and the amount due on such execution shall be the amount recoverable with costs against such stockholders; before such laborer or servant shall charge such stockholders for such ninety days service, or less than ninety days service, he shall give notice in writing, within twenty days after the performance of such service, that he intends to so hold him liable, and shall commence such action therefor within thirty days after the return of such execution unsatisfied, as above mentioned; and every such stockholder against whom any such recovery by such laborer or servant shall have been had, shall have a right to recover the same of the other stockholders in such corporation in ratable proportion to the amount of the stock they shall respectively hold with himself. CHAP. 383, LAWS OF 1883. AN ACT entitled " An act-relating to certain contracts for the lease or conditional sale of railroad equipment and rolling stock and providing for the record thereof." Conditional sale, lease op loan of equipment and rolling stock to be invalid as to judgment creditors and pur- chasers, without notice, unless evidenced in writing and recorded. Section 1. Whenever any railroad equipment and rolling stock shall hereafter be sold, leased or loaned on the condition that the title to Geneeal Laws. 177 the same, notwithstanding the possession and use of the same by the vendee, lessee or bailee, shall remain in the vendor, lessor or bailor, until the terms of the contract as to the payment of the installments, amounts or rentals payable, or the performance of other obligations thereunder shall have been fully complied with, but also providing that title thereto shall pass to the vendee, leasee or bailee on full payment therefor as aforesaid, such contracts shall be invalid as to any subsequent judgment creditor or any subsequent purchaser for a valuable consideration without notice, unless 1. The same shall be evidenced by writing, duly acknowledged before some person authorized by law to take acknowledgments of deeds. 2. Such vyriting shall be recorded in the same book as mortgages are recorded, in the office of the clerk of the county in which is located the princfpal office or place of business of such vendee, lessee or bailee within the State, or in the office of the register in counties where there is a register's office. Name of vendor, etc., to be on locomotive or ear, etc. 3. Each locomotive or car so sold, leased or loaned shall have the name of the vendor, lessor or bailor, or the assignee of such vendor, lessor or bailor plainly marked upon both sides thereof, followed by the word owner, lessor, bailor or assignee, as the case may be. Not to invalidate any contract heretofore made if recorded within ninety days. § 2. This act shall not be held to apply to or invalidate any contract heretofore made of the character described in the first section, but the same shall be and remain valid if recorded within ninety days from the date hereof. CHAP. 488, LAWS OF 1885. AN ACT to amend chapter three hundred and fifteen of the laws of eighteenhandred and eighfcy-foar, entitled "An act requiring contracts for the conditional sale of per- sonal property on credit to be filed in the town clerk's and other offices." Amending' section 2, chapter 315, Laws of 1884. Section 1. Section two of chapter three hundred and fifteen of the laws of eighteen hundred and eighty-four, entitled "A-n act requiring contracts for the conditional sale of personal property on credit to be 23 178 GiasEBAL Laws. filed in the town clerk's and other offices," is hereby amended so as to read as follows : Instruments, where to be filed. § 2. The instruments mentioned in the preceding section shall be filed in the several towns and cities of this State, where the person to whom such property is so contracted to be sold, if a resident of this state, shall reside at the time of the execution thereof; and if not a resident, then in the city or town where the property so contracted to be sold shall be at the time of the execution of such instrument In the city of New York such instrument shall be filed in the ofSce of the register of the city, and in the county of Kings in the office of the register of said county. In the several cities of this state other than the cities of New York and Brooklyn, and in the several towns of this state in which a county clerk's office is kept, in si}ch office; and in each of the other towns in this state, in the office of the town clerk thereof. If the conditional vendee be a railroad corporation, the instrument mentioned in the preceding section shall be filed in the office of the clerk of each county through which its railroad is located, or, in counties where there is a register, in the office of the register, and such filing shall be deemed sufficient for all the pur- poses of this act. Such registers and clerks are hereby required to file all such instruments aforesaid, presented to them respectively for that purpose, and to indorse thereon the time of receiving the same, and shall deposit the same in their respective offices, to be kept there for the inspection of all persons interested. CHAP. 225, LAWS OF 1888, AN ACT further to amend chapter 315 of the Laws of 1884, entitled "An act requiring contracts for the conditional sale of personal property on credit to be filed in the town clerk's and other offices." Section 1. Section seven of chapter three hundred and fifteen of the Laws of eighteen hundred and eighty-four, entitled "An act requiring contracts for the conditional sale of personal property on credit to be filed in the town clerk's and other offices," as the same was amended by chapter four hundred and eighty-eight of the Laws of eigliteen hundred and eighty-five, and by chapter four hundred and ninety-five of the Laws of eighteen hundred and eighty-six, is hereby further amended so as to read as follows: g Y * * * This act shall not apply to railroad equipment or rolling-stock sold, leased or loaned, undpr a contract which has been General Laws. 179 or must be recorded pursuant to the provisions of chapter three hun- dred and eighty-three of the Laws of eighteen hundred and eighty- three, entitled "An act relating to certain contracts for the lease or conditional salo of railroad equipment and rolling-stock, and provid- ing for the record thereof." CHAP. 63, LAWS OF 1887. AN ACT to provide for the amicable adjustment of griev- ances and disputes that may arise between employer employees and to authorize the creation of a State Board of Mediation and Arbitration. ******** Act applicable to all corporations. § 13. Whenever the term " employer " or " employers " is used in this act, it shall be held to include "firm,'' "joint stock association," " company," or " corporation," as fully as if each of the last-named terms was expressed in eacAi place. CHAP. 381, LAWS OF 1889. AN ACT to provide for the cash payment of wages by corporations. Wages payable only in cash. Section 1. Every manufacturing, mining or quarrying, mercantile, railroad, street railway, canal, steamboat, telegraph and telephone corporation, and every incorporated express company, and water com- pany not municipal, shall pay to each and every employee engaged in its business the wages earned by such employee in cash; and it shall not be lawful for any of the above-named companies or corporations to pay their employees in their own scrip or that of others com- monly known as store money orders. Penalty for violation of act. § 2. Any corporation violating any of the provisions of this act shall be punished by a fine not exceeding fif by, and not less than ten dollars, on each complaint on which it is convicted, provided complaint for such violation is made within thirty days from the da;te thereof. Act when to go into operation. § 3. This act shall take effect upon the first day of July, one thousand eighb hundred and eighty-nine. 180 General L^w. CHAP. 388, LAWS OF 1890. AN ACT to provide for the weekly payment of wages by corporations. Weekly payment of wag-es required. Section 1. Every manufacturing, mining or quarrying, lumbering, mercantile, railroad, surface, street, electric and elevated railway (except steam surface railroads), steamboat, telegraph, telephone and municipal corporation, and every incorporated express company and water company shall pay weeklj-, each and every employe, engaged in its business, the wages earned by such employe, to within six days of the date of such payment, provided, however, that if at any time of payment any employe shall be absent from his regular place of labor, he shall be entitled to said payment at any time thereafter upon demand. Penalty for violation; penalties how recovered; assignment of wages when forbidden. § 2. Any corporation violating any of the .provisions of this act shall be liable to a penalty not exceeding fifty dollars and not less than ten dollars for each violation, to be paid to the people of the state and which may be recovered in a civil action ; provided an action for such violation is commenced within thirty days from the date thereof. The factory inspectors of this state, their assistants or deputies may bring an action in the name of the people of the state as plaintiff against any corporation which neglects to comply with the provisions of this act for a period of two weeks, after having been notified in writ- ing by such inspectors, assistants or deputies, that such action will be brought. On the trial of such action, such corporation shall not be allowed to set up any defense for a failure to pay weekly any employe engaged in its business the wages earned by such employe to within six days of the date of such payment other than a valid assignment of such wages or a valid set-ofE against the same, or the absence of such employe from his regular place of labor at the time of payment, or an actual tender to such employe at the time of payment of the wages so earned by him, or a breach of contract by such employe, or a denial of the employment. No assignment of futurewages, payable weekly, UD-'er the provisions of this act shall be valid if made to the corpora- tion from whom such wages are to become due, or to any person on behaU General Laws. 181 of such corporation, or if made or procured to be made to any person for the purpose of relieving such corporation from the obligation to pay weekly under the provisions of this act. Nor shall any of said corporations require any agreement from any employe to accept wages at other periods than as provided in section one of this act as a condition of employments Proceeding's to enforce act. § 3. Ihe provisions of section *two hundred and sis:ty-three, and three hundred and eighty-four of the Code of Civil Procedure shall apply to and govern any proceedings brought to enforce the provi- sions of this act, and it is hereby made the duty of the attorney-general of this state to appear in behalf of such proceedings brought hereunder by the factory inspectors of this state, their assistants or deputies. § 4 This act shall take effect on the first day of July, eighteen hundred and ninety. * So In the orielnaL Acts Governing Railroads and their Employees in Management of Road. CHAP. 488, LAWS OF 1892. AN ACT for the protection, preservation, and propagation of birds, fish and wild animals in the state of New York and the different counties thereof. Transportation. § 46. Deer or venison killed in this state shall not be transported to any point within the state from or through any of- the counties thereof or possessed for that purpose, except as follows: One carcass or a part thereof may be transported from the county where killed when accompanied by the owner. The possession of deer or venison by common carriers, unaccompanied by the owner, is a violation of this section. This section does not apply to the head and feet or skin of deer severed from the body. Woodcock and grouse, when not to be transported. § 76. Woodcock, ruffed grouse, commonly known as partridge, or any member of the grouse family, or quail killed in this state, shall not be transported to any point within this state, from any of the counties thereof, or possessed for that purpose, except that such birds may be transported from the county where killed, when accom- panied by the owner thereof. Possession of the birds named, by a common carrier, unaccompanied by the owner, is a violation of this section, unless it be proved by such common carrier that the birds were killed out of the state. CHAP. 283, LAWS OF 1885. An Act to establish a forest commission, and to define its powers and duties and for the preservation of forests. Forest lands not to be leased or taken. § 8. The lands now or hereafter constituting the forest preserve shall be forever kept as wild forest lands, and shall not be sold, nor AOTS GOTEBNING EaILBOADS AND THEIR EmPLOTEES. 183 shall they be leased or taken by any person or corporation, public or private, except that whenever any of the lands now constituting the forest preserve, or which may hereafter become a part thereof, owned by the state within any county specified in section seven of the act hereby amended, shall consist of separate small parcels or tracts wholly detached from the main portion of the forest preserve and bounded on every side by lands not owned by the state, then it shall be lawful, and the comptroller shall have power to sell and convey such separate tracts or parcels, or the timber thereon, to such per- son or persons, corporation or association as shall have offered the highest price therefor; but no such tracts or parcels of land, or the timber thereon, shall be sold by the comptroller except upon the recommendation of the forest commission or a majority thereof, together with the advice of the attorney-general in behalf of the state. Such separate tracts or parcels of land may be exchanged by the comptroller for lands that lie adjoining the main tracts of the forest preserve upon the recommendation of the forest commission or a majority thereof, together with the advice of the attorney- general on behalf of the state; but the values of said lands bo exchanged must be first appraised by three disinterested appraisers sworn to faithfully and fairly appraise the value of said lands, and the differ- ence, if any, between the values of such parcels so proposed to be exchanged shall be paid by the party so exchanging with the state into the state treasury, but the state shall not pay the amount of any such difference. Two of said appraisers shall be nominated and appointed by the county judge of the county in which said lands pro- posed to be exchanged are situate, or in case such lands are situate in two counties, then the county judge of each county shall nominate and appoint each one appraiser. The two appraisers so appointed shall select a third appraiser, and they shall report to the comptroller the result of said appraisal before such lands shall be exchanged as aforesaid. The said appraisers so appointed shall receive the same compensation for their services as is provided for appraisers of decedent's estates, to be paid by the party so proposing to exchange lands with the state. It shall be the duty of the comptroller annually to report to the legislature all sales or exchanges of lands made under the provisions of this act, together with all bids and the amounts received therefor, and in said report shall be included the reports of appraisers of lands exchanged in accordance with the foregoing pro- visions. The proceeds of all land so sold, or the receipts from all 184 Acts Goveening Eailboads and theib Employees. exchanges so made, shall be invested by the comptroller, with the approval of the forest commission, in the purchase of forest land adjoining great blocks of the forest preserve now owned by the state. (2%MS amended, Laws 1887, chap. 475.) Railroad companies to burn all inflammable material. § 25. Every railroad company whose road passes through waste or forest lands, or lands liable to be overrun by fires within this state, shall, twice in each year cut and burn off or remove from its right of way all grass, brush or other inflammable material, but under proper care, and at times when the fires thus set are not liable to spread beyond control. Locomotives to be provided with arrangement for prevent- ing escape of fire from engine. § 26. All locomotives which shall be run through forest lands shall be provided, within one year from the date of this act, with approved and sufficient arrangements for preventing the escape of fire from their furnaces or ash-pan, and netting of steel or iron wire upon their smoke- stack to check the escape of sparks of fire. It shall be the duty of every engineer and fireman employed upon a locomotive to see that the appliances for the prevention of the escape of fire are in use and applied as far as it can be reasonably and possibly done. Fire not to be deposited on track in the vicinity of wood- lands; trainmen to report fences on fire; extinguishment. § 27. No railroad company shall permit its employes to deposit fire- coals or ashes upon their track in the immediate vicinity of woodlands or lands liable to be overrun by fires, and in all cases where any engineers, conductors or trainmen discover that fences along the right of way, on woodlands adjacent to the railroad, are burning, or in dan- ger from fire, it shall be their duty to report the same at their next stopping place, and the person in charge of such station shall take prompt measure for extinguishing such fires. Companies to provide men to extinguish fires. § 28. In seasons of drought, and especially during the first dry time in the spring after the snows have gone and before vegetation has revived, railroad companies shall employ a sufficient additional number of trackmen for the prompt extinguishment of fires. And where a forest fire is raging near the line of their road they shall Acts Govebning Baileoads and their Emplotees. 185 concentrate such help and adopt such measures as shall most effect- ually arrest their progress. § 29. Any railroad company violating the provisions or requirements of this act shall be liable to a fine of $100 for each offense. CHAP. 13.4, LAWS OF 1878. AN ACT in relation to infections and contagious diseases of animals. (So much of section two of the said act as is applicable to railways. ) ******** For such purpose the governor shall have power : To order all or any animals coming into the state to be detained at any place or places for the purpose of inspection and examination. To prescribe regulations for the destruction of animals affected with infectious or contagious disease, and for the proper disposition of their hides and carcasses, and of all objects which might convey infection or contagion, provided that no animal shall be destroyed unless first examined by a medical or veterinary practitioner in the employ of the governor as aforesaid. To prescribe regulations for the disinfection of all premises, build- ings, boats and railway cars, and of all objects from or by which infec- tion or contagion may take place or be conveyed. To alter and modify from time to time, as he may deem expedient, the terms of all such proclamations, orders and regulations, and to cancel or withdraw the same at any time. {As amended by ch. 286 Laws of 1888.) CHAP. 329, LAWS OF 1886. AN ACT to prevent the spread of contagious and infec- tious diseases. In what cases hermetically sealed casket is requisite. Section 1. Whenever the body of any deceased person is to be transported over the railroads of this state, or upon any passenger steamboat plying upon the rivers of this state, the board of health to which application is made for a transit permit for the transportation of such body shall, if the physician's certificate, or the permit accom- panying such body, state the cause of death to have been a contagious or infectious disease, require that such body be inclosed in an hermeti- cally sealed casket of metal or other indestructible material. 24 186 AoTs Governing Eailboads And their Employees. CHAP. 300, LAWS OF 1837. AN ACT relative to unclaimed trunks and baggage. Description of same to be entered in a book. Section 1. The proprietor or proprietors of the several lines of stages, and the proprietors of the several canal boat lines, and the proprietors of the several steamboats, and the several incorporated railroad companies, and the keepers of the several inns and taverns within this state, who shall have any unclaimed trunks, boxes or bag- gage within his, their, or either of their custody, shall immediately enter the time the same was left, with a proper description thereof, in a book to be by them provided and kept for that purpose. In case the name and residence of the owntr shall be ascertained, it shall be the duty of such person who shall have any such property as above specified, to immediately notify the owner thereof by mail. Description of property to be made and puplished in state paper. § 2. In case there shall not be any information obtained as to the owner, it shall be the duty of the person having the possession thereof, to make out a correct written description of all such property as shall have been unclaimed for thirty days, stating the time the same came into his possession, and foward said description to the editor of the state paper, whose duty it shall be on the first Mondays of July, October, January and April, in each year, to publish the same in the state paper once a week for three weeks successively. If not claimed for sixty days after said publication, to be opened and examined and an inventory made ; wlien to be sold at public auction, upon what notice ; disposition of proceeds. § 3. In case the said property shall remain unclaimed for sixty days after the said publication, it shall be the duty of the person or com- pany having possession thereof, to apply to a magistrate of the town or city in which said property is retained, in whose presence and under whose direction said property shall be opened and examined, and an inventory thereof taken by said magistrate; and if the name and residence of the owner is ascertained by such examination it shall be the duty of the magistrate forthwith to direct a notice thereof to such owner, by mail; and if said property shall remain unclaimed for three months after such examination, it shall be the further duty of Acts Goyebning Eailkoads and theik Employees. 187 the person or company having possession thereof to apply to a magis- trate as aforesaid, and if said magistrate shall deem such property of sufficient value, he shall cause the same to be sold at public auction, giving six days' previous notice of the time and place of such sale; and from the proceeds of such sale he shall pay the charges and expenses legally incurred i i respect to said property, or a ratable pro- portion thereof to each claimant, if insufficient for the payment of the whole amount; and the balance of the proceeds of such sale, if any, the said magistrate shall immediately pay to the overseers of the poor of said town or city, for the use of the poor thereof; and the said over- seers shall make an entry of such amount, and the time of receiving the same, upon their official records, and it shall be subject, at any time within seven years thereafter, to be reclaimed by, and refunded to, the owner of such property, his heirs or assigns, on satisfactory proof of such ownership. Expense ; to be a lien on property. § 4. The person making the entry of unclaimed property as above specified, shall be entitled to twelve and a half cents for each trunk, box, bale, package or bundle so entered, and shall have a lien on the property so entered until payment shall be made ; and in case any additional expense shall be incurred for printing, the lien shall con- tinue until payment shall be made for such additional expense. Penalty. § 5. In case any person shall neglect or refuse to comply with the provisions of this act, he shall forfeit the sum of five dollars for each and every trunk, box or bundle of baggage so neglected as above specified, to the benefit of any person who shall sue for the same in his own name, in an action of debt in any court having cognizance thereof. CHAP. 364, LAWS OF 1882. AN ACT to regulate the interchange of freight and pas- sengers between the Central Vermont railroad and the Ogdensburgh and Lake Champlain railroad at Rouse's Point. Freight to be exchanged in same cars in which same is billed for transportation. Section 1. All freight billed or consigned from points in this State, or from points on connecting railways to points reached by the Central Vermont railroad, and lines leased and managed by said 188 Acts Govebning Eailboabs and theib Employees Central Vermont railroad, and Ogdensburgh and Lake Champlain railroad and their connections, shall be exchanged in the same cars in which said freight is billed for transportation to its destination, and no discrimination shall be made by either of the companies named in this act, on account of said cars belonging to different corporations or carrying through all rail or other freight. Provided said cars shall be in the condition required under the rules and regulations usual and in force among connecting railroads. Cars offered by one company to another to be taken in the usual manner. § 2. All passenger, sleeping, baggage or other cars offered by one company to the other shall be taken in the same manner as is usual in the interchange of through passenger cars by connecting railroads. No additional charge to be made. § 3. No additional charge shall be made by reason of one company taking from the other for transportation to destination any cars freight or passengers under the provisions of this act. Penalty for violation of this act. § 4. Either of the companies named in this act violating the pro- visions of the same shall forfeit to the other as liquidated damages for each case of refusal or neglect to comply with the terms of this act the sum of $600. CHAP. 401, LAWS OF 1887. AN ACT in relation to milk cans. ******* Rights of railroad superintendents in relation thereto. § 11. The owner or owners, dealer or dealers, shipper or shippers, and the several superintendents of the various railroad companies and . the branches and connections thereof, and steamboat lines operating their lines, or any portion thereof in the state of New York or else- where, shall have power to collect, gather and take into possession from any person or persons within the state of New York, or wherever found in said state, any such milk or cream can or cans, and shall have power to appoint an agent therefor. What shall constitute evidence of appointment of agent. § 12. The certificate of any superintendent of any of the railroad companies or steamboat lines mentioned in this act, or other person AOTB GOTEENING BaILBOADS AND THEIR EMPLOYEES 189 or persons authorized thereto, in this act, appointing an agent to collect such can or cans duly acknowledged before a notary public, shall be presumptive evidence of the authority of such agent. Powers of such agent. § 13. Such agent shall have full power to collect, gather and take into his possession from any person or persons, or wherever found, any such milk or cream can or cans, and in case of resistance may call to his aid the assistance of any constable or police officer, who shall assist him to take possession of such can or cans. CHAP. 401, LAWS OF 1892. AN ACT to revise and consolidate the laws regulating the sale of intoxicating liquors. Employment of persons addicted to intoxication by common carriers. § 39. Any person, association or corporation engaged in the busi- ness of conveying passengers and property for hire who shall employ in the conduct of such business any person who habitually indulges in the intemperate use of int( xicating drinks, after notice that such person has been intoxicated while in the active service of such per- son, association or corporation as an engineer, fireman, conductor switchtender, commander, pilot, mate, foreman or in other like capacity, so that by his neglect of duty the safety and security of the life, person or property so conveyed might be imperilled, shall be guilty of a misdemeanor. CHAP. 590, LAWS 1872. AN ACT to regulates processions and parades in the cities of the state of New York. No procession or parade to interfere with free passage of ears upon street railways. Section 1. No procession or parade shall use any street upon the surface of which is a railway track or tracks by marching upon the said track or tracks, and a free passage of cars upon railway tracks shall not be interfered with by the formation, halt, or march of any such procession or parade, or of the persons composing it. Whenever any procession shall find it necessary to march across a railway track, the portion of said procession which is so marching is likely to stop 190 Acts Goveening Eailboads akd theib Employees the passage of any car or cars upon said track, shall come to a halt in order to permit said car to proceed. Penalty. § 4 Every person willfully violating any provision of this act shall be guilty of a misdemeanor, punishable with a fine not exceeding $20, or imprisonment not exceeding ten days, or both at the discretion of the court. CHAP. 585, LAWS OF 1880. AN ACT for the prevention of accidents to children. No minor child to be allowed to ride on platform, steps, etc. Section 1. No minor child within this state not being a passenger shall be allowed upon the platform or steps of any railroad car drawn by steam, or of any omnibus, street car or other vehicle drawn by horses, and the parents or guardians of any child who shall permit such child to ride or play upon the steps or platform of any such rail- road car, omnibus, street car or other vehicle, shall be punished on conviction by a fine of not less than $5 nor more than $10. Duty of policemen and constables to arrest. § 2. It shall be the duty of all constables and policemen within this state to arrest any child or children violating the provisions of this act. And any such child or children shall likewise on conviction be punishable by a fine not exceeding $5 for each oflfense. CHAP. 292, LAWS OF 1882. ******** Oils that ignite below 300 degrees Fahrenheit not to be burned in cars. § 2. No oil or burning fluid, whether composed wholly or in part of coal oil and petroleum or their products, or other substance or mate- rial, which will ignite at a temperature below three hundred degrees by the Fahrenheit thermometer, shall be burned in any lamp, vessel, or other stationary fixture of any kind, or carried as freight, in any pas- senger or baggage car or passenger boat moved by steam power in this state, or in any stage or street car drawn by horses. Exceptions as regards the transportation of coal oil, petroleum and its products, are hereby made when the same is securely packed in barrels or metallic packages, and permission is hereby granted for its carriaga in passenger boats moved by steam power when there are no other Acts Gotebning Eailroads and theib Employees 191 public means of transportation. Any violation of this act shall be deemed a misdemeanor and subject the offending party or parties to a penalty not exceeding three hundred dollars, or imprisonment not exceeding six months, at the discretion of the court. ******** § 5. It shall be the duty of all district attorneys of the counties in this state to represent and prosecute in behalf of the people, within their respective counties, all cases of offenses arising under the pro- visioQr of this act. * * * *'* * * * CHAP. 490, LAWS OF 1885. AN ACT concerning tramps. Penalty for entering building without consent. § 4. Any tramp who shall enter any building against the will of the owner or occupant thereof, under such circumstances as shall not amount to burglary, or willfully or maliciously injure the person or property of another, which injury under existing law does not amount to a felony, or shall be found carrying any firearms or other danger- ous weapon, or burglar's tools, or shall threaten to do any injury to any person or to the real or personal property of another, when such offense is not now punishable by imprisonment in the state prison, shall be deemed guilty of felony, and on conviction, shall be punished by imprisonment in the state prison at hard labor for not more than three years. CHAP. 529, LAWS OF 1887. AN ACT to regulate the hours of labor in the street sur- face and elevated railroads chartered by the state, in cities of 100,000 inhabitants and over. Hours of labor on surface street and elevated railroads. Section 1. Ten hours labor to be performed within twelve con- secutive hours, with reasonable time for meals, shall constitute a day's labor in the operation of all street surface and elevated railroads owned or operated by corporations incorporated under the laws of this state, whose main line of travel, or whose routes lie principally within the corporate limits of cities of more than 100,000 inhabitants, whatever motive power may be used in the operation of such railroads. Violation of act a misdemeanor. § 2.. It shall be a misdemeanor for any officer or agent of any such corporation to exact from any of its employes more than ten hours' 192 Acts Goveening Katlboads and theib Employees labor, the same to be performed within twelve consecutive hours, with not less than one-half hour for dinner, constituting a day; provided, however, that in cases of accident or unavoidable delay, extra labor may be permitted for extra compensation. How applicable. § 3. This act shall not affect contracts now in force, nor apply to existing corporations whose charters are not subject to alteration modification or repeal. Repeal. § 4 All acts inconsistent with this act are hereby repealed. (This act Bopersedes chap, isi. Laws of 1886.) As to street roads, see, also, chap. «6, Laws of 1880. As to elevated roads, see, also, chap, 888, Laws of 1881. CHAP. 711, LAWS OF 1892. AN ACT to provide for and limit the hours of service on railroads. Section 1. No person, persons or corporation operating a line of railroad of thirty miles in length or over, in whole or in part, within this state, shall permit or requird any conductor, engineer, fireman or any trainman who has worked in any capacity for twenty-four hours, to again go on duty or perform any kind of work until he has at least eight hours rest. § 2. Ten hours labor performed within twelve consecutive hours shall constitute a day's labor in the operation of all steam surface and elevated railroads owned and operated within this state, provided that this provision shall not afEect the mileage system now in operation, or that may hereafter be placed in operation, or trips of regular scheduled trains when completed within a less number of hours, And it is further provided that the provisions of this act shall not apply to extra hours of labor performed by any conductor, engineer, fireman or trainman in case of unavoidable accident or delay caused by such accident. § 3. For every hour in excess of ten hours labor that any cotitractor, engineer, fireman or any trainman of any railroad company or cor- poration, owned or operated within this state, who works under direc- tion of a superior, or at the request of such company or corporation, shall be required or permitted to work, he shall receive com- parative compensation for said extra service in addition to his daily compensation. Acts Govebning Eailkoads and theie Employees 193 § 4. Any railroad company or corporation, or any officer, agent or employe of any such company or corporation, violating or permitting the violation of any of the provisions of this act, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of five hundred dollars for each offense. § 5. This act shall take effect immediately. CHAP. 38, LAWS OF 1889. AN ACT to regulate the payment of fares upon railroads. Extra fare may be exacted when no ticket is purchased ; rebate ticket to be issued therefor. Section 1. It shall be lawful for any company owning or operating a steam railroad in this state to demand and collect an excess charge of ten cents over the regular or estai)lished rate of fare from any passenger who pays fare in the car in which he or she may have taken passage, except where such passage is wholly within the limits of any incorporated city in this state, provided, however, that it shall he the duty of such company to give to any passenger paying such excess a receipt or other evidence of such payment, and which shall legibly state that it entitles the holder thereof to have such excess charge refunded, upon the delivery of the same at any ticket office of said company, upon the line of their railroad, and said company shall refund the same upon demand; and provided further that this act shall not apply to any passenger taking passage from a station or stopping place when tickets can not be purchased during half an hour previous to the schedule time for the departure of said train on which such passenger takes passage. CHAP. 360, LAWS OF 1891. AN ACT to confer upon the board of railroad commis- sioners of the state of New York authority to compel the lighting and ventilation of all tunnels within this state which are used by steam railroads. Section 1. The board of railroad commissioners of the state of New York are hereby authorized, empowered and given full and com- plete authority to require and compel all tunnels used or to be used by railroads operated by steam in this state to be properly ventilated, in such manner and by such means and mechanical appliances as said board of railroad commissioners, or a majority of the same, may direct. 26 194 Acts Governing Eailuoads and theib Employees. § 2. The board of railroad commissioners of this state are also hereby authorized, empowered and given full and complete authority to require and compel all tunnels used, or to be used by railroads operated by steam in this state, to be properly lighted by electricity or otherwise, or by such means or in such manner as said board of railroad commissioners, or a majority of the same, may direct. § 3. Whenever said board of railroad commissioners of this state, or a majority thereof, shall cause to be personally served upon any railroad corporation controlling any tunnel, or part of a tunnel, in this state for the purpose of operating a railroad or moving, hauling or pro- pelling cars therein by steam by delivering a copy personally to the president, general manager or any director of said corporation of a notice or order, signed by a majority of said board of railroad com- missioners, stating and specifying the structures to be erected, the manner, means, mechanical 'appliance and apparatus to be used in lighting or ventilating any tuanel or tunnels used by said corporation for the purpose of moving, hauling or propelling cars by steam therein as aforesaid, said corporation shall, within thirty days from and after the service of said notice or order as aforesaid, cause said tunnel or tunnels so used by it as aforesaid to be lighted or ventilated, or both, in the manner and by the means and use of the mechanical apparatus and appliances specified and pointed out in said notice or order. § 4. After the expiration of thirty days from the service of said order or notice specified in the preceding section, as therein directed, if said corporation shall not have f ally complied with the provisions and requirements of said notice or order as aforesaid and as therein directed and required, said board of railroad commissioners, or a majority of said board, may apply to the supreme court of this state for a writ of mandamus to compel said corporation or corporations bo neglecting or refusing to obey and comply with the provisions of said order or notice to comply with and obey the provisions and requirements of said notice or order, and said court shall have full power and authority to hear and determine said matter, and, after giving the corporation or corporations proceeded against an opportu- nity to be heard in its or their defense, to compel said corporation or corporations so proceeded against te obey said order or notice, and forthwith comply with and carry out the provisions and requirements therein contained. § 5. Every corporation violating any of the provisions of this act shall be guilty of a misdemeanor, and may be indicted there- for, and may be compelled to appear and plead to an indictment Acts Govebning Eailiioads ai«d theik Employees. 195 therefor in the person of its president, secretary, treasurer or any director thereof, and a bench warrant may issue out of any competent court to compel such attendance and pleading, and, upon conviction thereof, punished by a fine of $1,000, and «n additional fine of $500 a day for each and every day or part of a day after thirty days from the due service of said notice or order that said corporation shall refuse or neglect to obey and carry out the requirements and provisions of the same, and duly sentenced to pay the same. § 6. It shall be the duty of the district attorney prosecuting any corporation for a violation of any of th'e provisions of this act, that shall be convicted thereof, and sentenced to pay a fine therefor, to cause a judgment-roll to be made up, consisting of the indictment orders and sentence of the court and a formal judgment, to be prepared by him, which judgment shall be duly signed by the clerk of the county in which said trial took place; said judgment-roll shall be filed by said county elerk and said judgment shall be duly recorded in the book of judgments in said county and duly entered and docketed by said county clerk in said eounty the same as if said judgment had been obtained in a civil action, and said judgment so duly entered and docketed shall become and be a lien upon all of the real estate of said corpora- tion against which the same is obtained, and the collection thereof may be enforced by execution to be issued and signed by the district attorney of the county where the trial of said indictment took place, in the same .manner and to the same extent as executions are collected in civil action. § 7. In cities in this state having a population of one million inhabi- tants or over, where tunnels are or may hereafter be operated or controlled by any railroad corporation such portions of any mechanical or other devices or appliances as may be required under the provis- ions of this act to be constructed on or above the surface of any streets, avenues or other places under which such tunnels may be built, shall be subject as to form, material and construction, to the approval of the local authorities of such cities, except that in the city of New York such approval shall be by a majority vote of the mayor, the comp- troller, the commissioner of public works and the president of the department of public parks of said city. § 8. This act shall take effect immediately. 196 Acts Governing Eailroads and theie Employees. A.8 to tlie general subject of taxation of real estate, etc., see chapter 13, part 1, of Revised Statutes. Also, chap, 411, Ltavrs of 1885. CHAP. 110, LAWS OF 1858. AN ACT to repeal parts of an act to amend chapter 13, part 1 of the Revised Statutes, entitled of the assess- ment and collection of taxes, and chapter 176 of the Laws of 1851, passed April 15, 1857. Repeal. Section 1. Sections 1 and 6 of chapter 536 of the Laws of 1857, are repealed, and that part of section 2 of the same chapter, which raquires special notice to be given in case an assessment-roll includes property belonging to a railroad corporation, is also repealed. CHAP. 506, LAWS OF 1870. AN ACT to facilitate the payment of taxes by railroad companies. Annual statement to be delivered by clerks of the several boards of supervisors to county treasurer. Section 1. It shall be the duty of the clerk of the board of supervi- sors of the several counties of thip state (except New York and Kings counties), within five days after the making out or issuing of t}ie annual tax warrants by the board of supervisors of their respective counties, to prepare and deliver to the county treasurer a statement showing the title of all railroad corporations in such county, as appears on the last assessment-roll of the towns or cities in such county, the valuation of the property, real and personal, of such cor- poration in each town or city, and the amount of tax assessed or levied on such valuation in each town or city in their county. Railroad companies may pay tax to county treasurer; fees of treasurer. § 2. Any railroad company heretofore organized under the laws of this state, or that may be hereafter organized, may, within thirty days after the receipt of such statement by the county treasurer, pay the amount of tax so assessed or levied on their property, with one per cent fees on said tax, to the county treasurer, who is hereby authorized and directed to receive such amounts and to give proper receipt therefor. Acts Governing Eailboads and theik Employees. 197 County treasurer to notify collector of non-payment of tax ; duty of collector. § 3. In case any railroad company shall fail to pay such tax within said thirty days, it shall be the duty of the county treasurer to notify the collector of all towns or cities in their county in which said com- pany is assessed, of such failure to pay said tax, and upon receipt of such notice it shall be the dnty of such collector to collect said tax in the manner now provided by law, together with five per cent fees; but no town or city collector shall collect any tax levied or assessed upon the property of any railroad company in said county, by the supervisors of the county, until the receipt of such notice from the county treasurer. County treasurer to credit taxes ; collector to be credited with fees ; surplus to be paid to supervisor. § 4. The several amounts of tax so received by the county treasurer of and from railroad companies, shall be placed to the credit of the town or city for or on account of which the same was levied or assessed, and to the credit of the fund or funds to which the same is now or shall be hereafter pledged or appropriated by law, and the one per cent fees also paid shall be placed to the credit of the collector of said city or town; and in case such amounts shall exceed the sum due from said town or city, .the surplus shall, on demand, be paid to the supervisor of said town or city, who shall receive, hold and dis- burse the same as if received fr^ the collector of said town or city. Railroad company may pay tax collector ; proviso. § 5. Nothing in this act shall be construed to prevent any railroad company from paying their tax to the collector of towns or cities as now provided by law; nor shall the provisions of this act be construed to repeal or in any manner interfere with the provisions of chapter 907 of the Sessions Laws of 1869. 198 Acts Govebning Eailkojds and theib EicrLOTESs. CHAP, 361, LAWS OF 1881. AN ACT to amend chapter 542 of the Laws of 1880, entitled " An act to provide for raising taxes for the use of the state upon certain corporations, joint-stock companies and associations." Certain officers of company to make annual report to comptroller on or before fifteenth of November; where dividend not declared, stock to be estimated and declared; certificate to be sent comptroller; appeals. Section 1. Hereafter it shall be the duty of the president or treas- urer of every associatioo, corporation or joint-stock company liable to be taxed on its corporate franchise or business, as provided in section 3 of this act, to make report, in writing, to the comptroller annually, on or before the fifteenth day of November, stating specifically the amount of capital paid in, the date, amount and rate per centum of each and every dividend declared by 'their respective corporations, joint-stock companies or associations during the year ending vsfith the first day of said month. In all cases where any such corporation, joint-stock company or association shall fail to make or declare any dividend upon either its common or preferred stock during the year ending as aforesaid, or in case the dividend or dividends made or declared upon either its common or preferred stock during the year ending as aforesaid shall amount to less than six per centum upon the par value of the said common or preferred stock, the treasurer and secretary thereof, after being ^ly sworn or affirmed to do and perform the same with fidelity, accoMing to the best of their knowl- edge and belief, shall, between the first and fifteenth days of November in each year, in which no dividend has been made or declared as aforesaid, or in which the dividend or dividends made or declared upon either its common or preferred stock amounted to less than six per centum upon the par value of eaid com- mon or preferred stock, estimate and appraise the capital stock of such company upon which no dividend has been made or declared, or upon the par value of which the dividend or dividends made or declared amounted to less than six per centum, at its actual value in cash — not less, however, than the average price which said stock sold for during said year, and when the same shall have been so truly estimated and appraised, they shall forthwith forward to the comptroller a certificate thereof, accompanied by a copy of their said oath or affirmation, by them signed, and attested Acts GtVERNING EAtLROAbS AND THEIR EMPLOYEES. l99 by the magistrate or other person qualified to administer the same, provided that if the comptroller is not satisfied with the valuation so made and returned, he is hereby authorized and empowered to make a valuation thereof, and to settle an account upon the valua- tion so made by him for the taxes, penalties and interest due the state thereon; and any association, corporation or joint-stock com- pany dissatisfied with the account so settled may within ten days appeal therefrom to a board consisting of the secretary of statcj attorney-general and state treasurer, which board, on such appealj shall affirm or correct the account so settled by the comptroller, and the decision of said board shall be final; but such appeal shall not stay proceedings unless the fall amount of the taxes, penalties and interest as due on said account, as settled by the comptroller, be deposited with the state treasurer. Comptroller to add ten per cent in case of failure to make report; proviso. § 2. If the said officers of any such corporation, joint-stock com- pany or association shall neglect or refuse to furnish the comp- troller, on or before the fifteenth day of November of each and every year, with the report aforesaid, or the certificate of appraisement and oath or affirmation, as the case may be, as required by the first section of this act, or to pay the tax imposed on such corporation, company or association within fifteen days after the first of January, as provided in the fourth section of this act, it shall be the duty of the comptroller of the state to add ten per centum to the tax of said corporation, company or association for each and every year for which such report or certificate of appraisement and oath or affirmation were not so furnished, or for which such tax shall not have been paid, which percentage shall be assessed and col- lected with the said tax in the usual manner of assessing and collect- ing such taxes; provided, that iif said officers of any such corporation, joint-stock company or association shall intentionally fail to comply with the provisions of the first or fourth section of this act for one year, the comptroller shall report the fact to the governor, who, if he shall be made satisfied that such failure was intentional, shall thereupon direct the attorney-general to take proceedings in the name of the people of this state, to declare the charter or privileges of said corporation, joint-stock company or association forfeited and at an end; and for such intentional failure duly found, the charter and privileges of every such corporation, company or association shall cease, end and be determined. 200 Acts Gtovebning Eaileoad8 and theib Emplotees. Annual tax, how eomputed. § 3. Every corporation, joint-stock company, or association what- ever, now or hereafter incorporated, organized, or formed Under, by or pursuant to law in this state or in any other state or country, and doing business in this state, except only savings banks and institutions for savings, life insurance companies, banks, foreign insurance com- panies, manufacturing or mining corporations, or companies wholly engaged in carrying on manufacture, or mining ores within this state, and agricultural and horticultural societies, associations or corpora- tions, which exceptions, however, shall not include gas companies, trust companies, electric or steam heating, lighting and power companies, shall be liable to and shall pay a tax, as a tax upon its franchise or business, into the state treasury annually, to be computed as follows: If the dividend or dividends made or declared by such corporation, joint- stock company or association, during any year ending with the first day of November, amount to six or more than six per centum upon the par value of its capital stock, then the tax to be at the rate of one-quarter mill upon the capital stock for each one per centum of dividends so made or declared; or if no dividend be made or declared, or if the dividend or dividends made or declared do not amount to six per centum upon the par value of said capital stock, then the tax to be at the rate of one and one-half mills upon each dollar of the valuation of the said capital stock, made in accordance with the provisions of the first section of this act; and in case any such corporation, joint-stock company or association shall have more than one kind of capital stock as, for instance, common and preferred stock, and upon one of said stocks as dividend or dividends, amounting to six or more than six per centum upon the par value thereof, has been made or declared, and upon the other no dividend has been made or declared, or the dividend or dividends made or declared thereon amounting to less than six per centum upon the par value thereof, then the tax shall be at the rate of one-quarter mill for each one per centum of dividends made or declared upon the capital stock upon the par value of which the dividend or dividends made or declared amount to six or more than six per centum, and in addition thereto, tax shall be charged at the rate of one and one-half mills upon each dollar of a valuation, made also in accord- ance with the provisions of this act, of the capital stock upon which no dividend was made or declared, or upon the par value of which the dividend or dividends made or declared did not amount to six per centum. {Thus amended, Laws of 1890, chap. 522.) Acts Governing Eailboads and theie Employees. '^^^ When payable. § 4. Ifc shall be the duty of the treasurer or other officer having charge of any corporation, joint-stock company or aesociation, upon which a tax is imposed by either of the preceding sections of this act, to transmit the amount of said tax to the treasury of the state within fifteen days after the first day of January in each and every year. § 5. Belates only to insurance companies. Tax on railroad, steamboat and other companies; rate of tax. § 6. In addition to the taxes above provided for, every corporation formed for railroad, canal, steamboat, ferry, express, navigation or transportation purposes, and every elevated railway company, and every other corporation, joint-stock company or association now or hereafter incorporated or organized by or under any law of this state, or now or hereafter incorporated or organized by or under the laws of any other state or country, and doiag business in this state, and owning, operating or leasing to or from another corporation, joint- stock company or association, any railroad, canal, steamboat, ferry, express, navigation, pipe-line or transportation route or line or elevated railway or other device for the transportation of freight or pas- sengers, or in any way engaged in the business of transporting freights or passengers, and every telegraph company or telephone company incorporated under the laws of this or any other state, and doing business in this state, and every express company or association, palace car or sleeping car company or association, incorporated or unincorporated, doing business in this- state, shall pay to the state treasurer for the use of the state, as a tax upon its corporate fran- chise or business in this state, a tax at the rate of five-tenths of one per centum upon the gross earnings in this state of said corporation or company or association, for tolls, transportation, telegraph, tele- phone or express business transacted in this state. "When payable; report of gross earnings; report for six months ending June 30, 1881 ; ten per cent to be added in case of neglect. § 7. The tax imposed under section 6 of this act shall, after the 1st day of August, 1881, be paid annually on the first day of August of each year. It shall be the duty of the president, secretary or other proper officer of the corporations, joint-stock companies or associa- tions referred to in section 6 of this act to transmit to the comptrol- 202 Acts Governing EArLBOADS and theib Employ-eks. ler, on the first day of August in each year, a statement under oath or affirmation of the amount of the gross earnings of said associa- tions, corporations or joint-stock companies derived from all sources during the year ending wi£h the preceding thirtieth day of June> together with the amount of tax imposed thereon, by section 6. And it shall also be the duty of the president, secretary or other proper officer of the corporations, joint-stock companies or associations referred to in section 6 of this act to transmit to the comptroller on the 1st day of August, 1831, a statement, under oath or affirmation, of the amount of the gross earnings of the said associations, corporations or joint-stock companies derived from all sources during the six months ending with the 30th day of June, 1881, together with the tax imposed thereon by section 6 of this act. And if any such corporation, joint- stock company or association shall neglect or refuse for a period of thirty days after any tax imposed by sections 6 or 7 of this act becomes due, to make returns or to pay the same, the amount thereof, with the addition of ten per centum thereto, shall be collected for the use of tho state as other taxes are recoverable by law from such corporation, joint-stock company or association. Exempt from taxation for state purposes; proviso. § 8. The corporations, joint-stock companies and associations men- tioned in tbis act as taxable shall hereafter be exempt from assess- ment and taxation for state purposes, except upon their real estate and as herein provided; but they shall in all other respects be liable to assessment and taxation as heretofore. Tax, application of. § 9. The taxes imposed by this act, and the revenue derived there- from, shall be applicable to the payment of the ordinary and current expenses of the state, and if any corporation, joint-stock company, person, partnership or association shall neglect or refuse to pay any tax by this act required to be paid, the same may be sued for in the name of the people of the state, and j-ecovered in any court of compe- tent jurisdiction, in an action to be brought by the attorney-general at the instance of the comptroller. Saving section. § 10. All obligations, liabilities and taxes heretofore incurred or imposed under said act, chapter 542 of Laws of 1880, are saved and shall be enforced as if the said act had not been hereby amended. Acts Governing Eaileoads and their Emplotees. 203 Amount of capital stock employed in this state to be basis of tax; if dissatisfied, comptroller may fix amount. § 11. The amount of capital stock which shall be the basis for tax under the provisions of section three of this act, in the case of every corporation, joint-stock company and association liable to taxation thereunder, shall be the amount of capital stock employed within this state. In making to the comptroller the report in writing or certifi- cate of estimate and appraisal of the capital stock of such corporation, joint-stock company or association provided for by the first section of this act, it shall be the duty of the president or treasurer thereof, as the case may be to state specifically the amount of capital stock employed within this state, of such corporation, joint-stock company or association. Whenever the comptroller is dissatisfied with such report or certificate of estimate and appraisal, as the case may be, of any corporation, joint-stock company or association whose capital is only partially employed within this state, he is authorized and empowered to ascertain, fix and determine the amount of capital employed within this state, and to settle an account for the tases and penalties due the state thereon. {Added by chap. 501, Laws of 1885.) In case of failure to make report, comptroller may examine books and records, and make report. § 12. Whenever any corporation, j 3int-stock company or association liable to make reports or certificates of estimate and appraisal to the comptroller, under any of the provisions of this act, shall neglect or refuse to make such report or reports within the time prescribed in this act, or shall make such report or certificate as shall be unsatis- factory to the comptroller, the comptroller is authorized to examine, or cause to be examined, the books and records of any such corpora- tion, joint-stock company or association, and to fix and determine the amount of tax and penalty due in pursuance of the provisions of this act, either from the said books and records, or from any other data in his possession which shall be satisfactory to him, and to settle and account for said tax and penalty, together with the expenses of such examination, against said corporation, joint-stock company or association. {Added by chap. 501, Laws of 1885.) Comptroller may issue subpoenas and examine -witnesses; penalty for failure to obey subpoena. § 13. Whenever the comptroller shall deem it necessary or import- ant to examine any person as a witness upon any subject or matter relating to the amount of capital stock of such corporation, or to use, 204 Acts Govbbning Eatlboads and their Employi',eb. examine or inspect any book, account, voucher or document in pos- session of any officer of such corporation, or other person, or under his control, relating to such capital stock and tax, he shall have the power to issue a subpoena in proper form, commanding such person or officer to appear before him or some person designated as commis- sioner by him by an appointment in ■writing, filed in the office of such comptroller, at a time and at the place where the principal office of such corporation is situated within this state in such subposna specified, to be examined as a witness, and such subpoena may contain a clause requiring such person or officer to produce on such examina- tion all books, papers and documents in his possession or under his control, relating to the capital stock of such corporation and the amount thereof employed within this state. Such subpoena shall be served upon the person named by showing him the original subpoena and delivering to and leaving with him at the same time a copy thereof. The comptroller or the commissioner so designated by him as aforesaid may administer oaths to such persons as he may desire to examine, so brought before him by subpoena or otherwise, and examine them on oath in relation to any matter which may in any wise be material in determining the amount of the tax to be paid by any such corporation, joint-stock company or associa- tion as aforesaid. Whenever any person duly subpoenaed to appear and give evidence as aforesaid, or to produce any books and papers as hereinbefore provided, shall neglect or refuse to appear or to produce such books and papers according to the exigency of such subpoena, or shall refuse to testify before said comp- troller or the commissioner so designated by him, or to answer aay proper and pertinent question, he shall be deemed in con- tempt, and thereupon any justice of the supreme court of the judicial district within which the principal office of such corporation within this state is situated shall, upon the motion of the comptroller, based upon affidavit showing the commission of the offense, either, first, make an order requiring the accused to show cause before him, at a time and place specified therein, why the accused should not be punished for the alleged offense; or, second, issue a warrant of attachment directed to the sheriff of a particular county, or generally directed to the sheriff of any county where the man may be found, commanding him to bring him before said justice either forthwith or at a time and place therein specified to answer for the alleged offense. On the return of said attachment and the production of the body of the defendant therein the said justice shall have jurisdiction in the Acts Goyerning Railroads and their Employees. 205 matter, and the person charged may purge himself of the contempt in the same way, and the same proceedings shall be had, and the same penalties may be imposed and the same punishments inflxted as in the case of a witness subpoenaed to appear and give evidence as is prescribed in title 3, chapter 17 of the Code of Civil Procedure, in proceedings to punish a contempt of court other than a criminal con- tempt. (Added by chap. 501, Laws of 1885.) Comptroller to settle and adjust all accounts against cor- porations, for taxes and penalties since May 12, 1882; proviso as to payments made before August 1, 1885. § 14. The comptroller is hereby authorized and directed, upon application to him made by any corporation, joint-stock company or association, to make, settle and adjust all accounts against such cor- poration, joint-stock company or association, for all taxes and penalties arising under the third section of this act since the 12th day of May, A. D. 1882, by taking as a basis for taxation the capital employed within the state by such corporation, joint-stock company or association. Provided, however, that such corporation, joint-stock company or association shall not be entitled to the benefits of a settlement upon such basis unless it shall have secured such adjustment and paid into the treasury the full amount of the taxes so settled, before the 1st day of August, 1885, nor shall this section apply to the case of any tax for which suit shall have been heretofore brought by the attorney-general, in which suit the trial has been commenced, or in which judgment shall have been entered heretofore for the people for the amount of said tax. Any corporation, joint-stock company or association whose capital has heretofore been only partially employed within this state, and which is now liable for taxes arising under the third section of this act since the 12th day of May, A.D. 1882, and which are still due and unpaid, may, at any time prior to the 1st day of August, 1885, pay to the state treasurer, for the use of the state, in full discharge of the same, such sum of money as shall be fixed by the comptroller as the tax due for the said period by the said corporation, joint-stock company or asso- ciation, upon the basis of the capital employed within the state. Provided, that this section shall not apply to the case of any tax for which suit may have heretofore been brought by the attorney- general, and for which judgment shall have been entered therein, or if in such suit trial has been commenced. {Added by chap. 501, Laws of 1885.) 20d Acts Gotbbning Eailroads asd their Employees. Interest. § 15. All accounts hereafter settled by the comptroller agreeably to the provisiono of this act shall bear Interest from a date thirty days after the sending of notice of settlement hereinafter provided for, until full payment thereof shall be made. {Added by chap 501, Laws of 1885.) Comptroller to give notice before making settlement of taxes. § 16. It shall be the duty of the comptroller after making with any partnership, corporation, joint-stock company or association liable to taxation under any of the provisions of this act, the settlement of such taxes, to forthwith send notice hereof, in writing, to such person, partnership, corporation, joint-stock company or association, which notice may be sent by mail to the post-office address of such corpora- tion, joint-stock company or association. (Added by chap, 501, Lavis of 1885.) Provisions in relation to revie-w of comptroller; deter- mination by -writ of certiorari. § 17. No writ of certiorari to review the determination and settle- ment of the comptroller as to the amount of capital used within the state by any corporation, joint-stock company or association, and as to the tax and penalty to be paid thereon, shall be granted, except application therefor be made within thirty days after service upon such corporation, joint-stock company or association by the comptroller of notice of such settlement. Nor shall any such writ be granted except the papers upon which motion therefor is to be made, includ- ing notice of motion, shall have been served upon the comptroller at least eight days before such motion, nor unless the corporation, joint- stock company or association applying for such writ shall, before making such motion, deposit with the state treasurer the full amount of taxes, penalties and charges so settled and adjusted by the comp- troller, and file with him an undertaking in such amount and with sufficient sureties as'shall be approved by one of the justices of thp supreme court of this state, to the effect that if said writ be vacated and the determination of the comptroller sustained, the applicant for the writ wUl make payment of all costs and charges which may accrue against such applicant in the prosecution of such writ, including costs on all appeals. (Added by chap. 501, Laws of 1885.) Acts Gov£bni.so Eailkoads akd theie Employees. 207 Comptroller may issue warrant for collection after thirty days. § 18. After the expiration of thirty days from Ihe service by the comptroller of notice of settlement aforesaid, if no proceedings shall have been taken to review the same, as provided by this act, or if the deposit with the state treasurer of the amount of the said settlement, together with the undertaking, as provided for by this act, shall not then have been made, it shall be lawful for the comptroller to issue his warrant or warrants under his hand and seal of office directed to the sheriff of any county in this State, commanding him to levy upon and sell the goods and chattels, lands and tenements of the said cor- porations, joint-stock company or association found within said county, for the payment of the amount of said settlement, together with interest thereon and costs of executing said warrant, and to return the said warrant to the comptroller, and pay to the state treas- urer the money which shall be collected by virtue thereof, by a cer- tain time therein specified, not less than sixty days from the date of such warrant. Such warrant shall be a lien upon and shall bind the personal estate of the person, partnership, corporation, joint-stock company or association against whom it shall be issued, from the time an actual levy shall be made by virtue thereof, and the sheriff to whom such warrant shall be directed shall proceed upon the same in all respects with the like effect and in the same manner as prescribed by law in respect to executions issued against property upon judg- ments rendered by a court of record, and shall be entitled to the same fees and costs for his services in executing the same, to be col- lected in the same manner. {Added by chap. 501, Laws of 1885.) Beadjustment of accounts in cases of illegal payment of taxes . § 19. The comptroller may at any time revise and readjust any account theretofore settled against any person, association, corpo- ration, or joint-stock company by himself or any preceding comp- troller for taxes arising under this act or the act to which it is an amendment, whenever it shall be made to appear by evidence sub- mitted to him that the same has been illegally paid or so made as to include taxes which could not have been lawfully demanded and shall resettle the same according to law and the facts and charge or credit, as the case may require, the difference, if any resulting from such revision and resettlement upon the current accounts of such person, association, corporation or joint-stock company. {Added by chap. ^63, Law of 1889.) 208 Acis GovEKNiKG Railboads akd theib Emploiees. Comptroller's action may be reviewed by certiorari; appeals from determination. § 20. The action of the comptroller, upon any application made to him by any person or corporation for a reyision and resettlement of accounts as provided in this act, may be reviewed, both upon the law and the facts upon certiorari by the supreme court at the instance either of the party making such application or of the attorney- general in the name and in behalf of the people of this state, and for that purpose the comptroller shall return to such certiorari the accounts and all the evidence submitted to him on such application, and, if the original or resettled accounts shall be found erroneous or illegal by this court, either in point of law or of fact, the said accounts shall be there corrected and restated by the said supreme court and from any such determination of the supreme court an appeal may be taken by either party to the Court of Appeals as in other cases. {Added by chap. 463, Laws of 1889.) (The provisions of §§ 19 and 20 not to apply to any taxes heretofore paid by any person or corporation in pursuance of a judgment or order of a court or by virtue of a stipulation, being § 2 of ch. 463, L. 1889.) CHAP. 143 LAWS OF 1886. AN ACT to tax stock corporations for the privilege of organization. State tax on capital stock. Section 1. Every corporation, joint-stock company or association, incorporated by or under any general or special law of this state having capital stock divided into shares, shall pay to the state treasurer for the use of the state, a tax of one-eighth of one per centum upon the amount of capital stock which said corporation, joiut-stock company or association is authorized to have, and a like tax upon any subsequent increase thereof. The said tax shall be due and payable upon the incorporation of said corporation, joint- stock company or association, or upon the increase of the capital thereof; and no such corporation, joint-stock company or association shall have or exercise any corporate powers until the said tax shall have been paid? And the secretary of state and any county clerk shall not file any certificate of incorporation or articles of association, or certify or give any certificate to any such corporation, joint-stock company or association, until he is satisfied that the said tax has been paid to the state treasurer. And no such company incorpo- rated by any special act of the legislature shall go into operation, or Acts Goyebning Eailroads and theib Employees. 209 exercise any corporate powers or privilegeB, until said tax has been paid as aforesaid. But tbis act shall not apply to literary, scientific, medical and religious corporations or corporations organized under the banting laws of this state or under chapter one hundred and twenty-two of the Laws of eighteen hundred and fifty-one, entitled "An act for incorporation of building mutual, loan and accumulation fund associations," and the acts amend rftory thereof. In case of the consolidation of two corporations into a new corporation said new corporation shall be required to pay the tax hereinbefore provided for only upon the amount of its capital stock in excess of the aggre- gate amount of capital stock of said two corporations. {As amended by L. 1892, ch. 668.) Applicable to general fund. § 2. The taxes imposed by this act and the revenue derived there- from, shall be applicable to the general fund and for the payment of those claims and demands which shall constitute a lawful charge upon that fund. CHAP. 266, LAWS OF 1886. AN ACT to provide for the more certain recovery of state taxes from delinquent associations, corporations and joint-stock companies. Recovery of delinquent taxes; provisions as to prosecu- tion of suits for such taxes. Section 1. For the better enforcement of chapter five hundred and forty-two of the Laws of eighteen hundred and eighty and the acts amendatory thereof, it shall be lawful for any person having knowl- edge of the evasion of taxation under said acts by any association, corporation or joint-stock company liable to taxation thereunder, to report such fact to the comptroller, together with such information as may be in his possession as may lead to the recovery of such taxes from said association, corporation or joint-stock company, and when- ever in the opinion of the attorney-general or comptroller the inter- ests of the state require it, either of them is hereby authorized to employ such person so reporting such evasion to assist in the collec- tion and preparation of evidence and in the prosecution and trial of suits for such taxes; and so much of the sum collected from such delinquent association, corporation or joint-stock company, by reason of such report or such service, as shall be agreed upon by such person and the attorney- general or comptroller as a compensation therefor, shall be paid to such person, provided that the sum so paid shall not exceed ten per centum of the amount so collected; and pro- vided further, that nothing whatever shall be paid to such person for such purpose unless there shall.be a recovery of taxes from such delinquent association, corporation e* joint-stock company by reason of such report or such services; 27 210 AOTS GrOTEBNIMG EaILBOADS AMD THEIB EMPLOYEES. CHAP. 675, liAWS OF 1881. AN ACT to facilitate the payment of school taxes by rail- road companies. Duty of school collector to deliver to county treasurer certain statement; duty of county treasurer in the premises. Section 1. It shall be the duty of the school collector in each school district in this state, except ia the counties of New York, Kings and Cattaraugus, within five days after the receipt by such collector of any and every tax or assessment-roll of his district, to prepare and deliver to the county treasurer of the county in which such district, or the greater part thereof, is situated, a statement showing the name of each railroad company appearing in said roll, the assessment against each of said companies for real and personal property respectively, and the tax against each of said companies. It shall thereupon be the duty of such county treasurer, immediately after the receipt by him of such statement from such school collector, to notify the ticket agent of any such railroad company assessed for taxes at the station nearest to the office of such county treasurer, personally or by mail, of the fact that such statement has been filed with him by such collector, at fhe same time specifying the amount of tax to be paid by such railroad company. {Thus amended. Laws of 1885, chap. 533.) Time in which tax may be paid with one per cent fees. § 2. Any railroad company hereafter organized, or which may here- after be organized, under the laws of this state, may, within thirty days after the receipt of such statement by such county treasurer, pay the amount of tax so levied or assessed against it in such district and in such statement mentioned and contained, with one per centum fees thereon, to such county treasurer, who is hereby authorized and directed to receive such amount and to give proper receipt therefor. If tax not paid within thirty days, duty of collector to collect; limitation. § 3. In case any railroad company shall fail to pay such tax within said thirty days; it shall be the duty of such county treasurer to notify the collector of the school district in which such delinquent railroad company is assessed, of its failure to pay said tax, and upon receipt of such notice it shall be the duty of such collector to collect such unpaid tax in the manner now provided by law, together with five per Acts Gotebnihg Eailboads and theib Employees. 211 centum fees thereon; but no school collector shall collect by distress and sale any tax levied or assessed in his district upon the property of any railroad company, until the receipt by him of such notice from the county treasurer. Tax to be placed to credit of school district, paid to collector on demand, fees to go to collector on demand. § 4. The several amounts of tax received by any county treasurer in this state under the provisions of this act, of and from railroad companies shall be by such county treasurer placed to the credit of the school district for or on account of which the same was levied or assessed, and on demand paid over to the school collector thereof, and the one per centum fees received therewith shall be placed to the credit of, and on demand paid to, the school collector of such school district. Tax may be paid to collector direct. § 5. Nothing in this act contained shall be construed to hinder, pre- vent or prohibit any railroad company from paying its school tax to the school collector direct, as now provided by law. CHAP. 694, LAWS OP 1867. AN ACT in relation to the valaaUon of the property of rail- road companies in school districts, for the purpose of taxation. Duty of tO"wn assessors. Section 1. It shall be the duty of the town assessors, within fifteen days after the completion of their annual assessment- list, to apportion the valuation of the property of each and every railroad, telegraph, telephone and pipe-line company as appears on such assessment-list, among the several school districts in their town, in which any portion of said property is situated, giving to each of said districts their proper portion, according to the proportion that the value of said property in each of such districts bears to the value of the whole thereof in said town. {Thus amended by chap. 414, Laws of 1884.) Apportionment. § 2. Such apportionment shall be in writing, and shall be signed by said assessors, or a majority of them, and shall set forth the number of each district and the amount of the valuation of the property of ^ each railroad, telegraph, telephone and pipa-line companies appor- 2l2 Acts Governing Railboads and theib EMPLOinEBs. tioned to each of said districts; and such apportionment shall be filed with the town clerk, by said assessors, or one of theni, within five days after being made ; and the amount so apportioned to each dis- trict shall be the valuation of the property of each of said companies, on which all taxes against said companies in and for said dis- tricts shall be levied and assessed, until the next annual assessment and apportionment. {Thus amended by chap. 414, Laws of 1884.) When assessors neglect to make apportionment. § 3. In case the assessors shall neglect to make such apportion- ment, it shall be the duty of the supervisor of the town on the applica- tion of the trustees or board of education of any district, or of any railroad, telegraph, telephone and pipe-line company, to make such apportionment, in the same manner and with the like effect as if made by said assessors. {Thus amended by chap. 340, Laws of 1885.) Town clerk to furnish, certified statement when requested. § 4. The town clerk shall, whenever requested, furnish to the trustees or board of education of each district a certified statement of the amounts apportioned to each district, and the name of the company to which the same relates. When alteration is made in school district. § 5. In case any alteration shall be made in any school district, afEecting the property of any railroad, telegraph, telephone or pipe- line company, the officer making such alteration shall, at the same time determine what change in the valuation of the said property in such district would be just, on account of the alteration of district, and the valuation shall be accordingly changed. {Thus amended by chap. 340, Laws 1885.) BONDING OF TOWNS, AND RAILROAD AID DEBTS. Several statutes of this state relative to the bonding of towns, etc., are omitted because by article VIII, section 11 of the Constitution of the State of New York, adopted November 3, 1874, and November 4, 1884, they are practically abrogated, as to any future application, and remain as applying only to the time prior to the adoption of said constitutional amendment. These acts are as follows: Chap. 695, Laws of 1866; chap. 907, Laws of 1869; chaps. 300, 438, 507, 597, Laws of 1870; chaps. 64, 146, 260, 283, 388, 925, Laws of 1871; chaps. 54, 62, 307, 516, 689, 824, 883, Laws of 1872; chap. 720, Laws of 1873; chap. 328, Laws of 1875; chap. 320, Laws of 1877; chap. 62, Laws of 1879; chaps. 68, 293, Laws of 1882. Article VIII, Sec. 11, Constitution of the State of New York. No county, city, town or village shall hereafter give any money or property, or loan its money or credit, to or in aid of any individual, association or corporation, or become directly or indirectly the owners of stock in or bonds of any association or corporation, nor shall any such county, city, town or village be allowed to incur any indebt- edness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor, as may be authorized by law. No county containing a city of over one hundred thousand inhabitants, or any such city, shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county or city on the last assessment for state or county taxes prior to the incurring of such indebtedness; and all indebtedness in excess of such limitation, except such as may now exist, shall be absolutely void, except as herein otherwise provided. No such county or such city whose present indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation shall be allowed to become indebted in any further amount until such indebt- edness shall be reduced within such limit. This section shall not be 214 Bonding op Towns, and Eailboad Aid Debts. construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water, but the term of the bonds issued to provide for the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. CHAP. 685, LAWS 1892, [This act takes effect October 1, 1892.] Municipal taxes of railroads payable to county treasurer. § 12. If a town, village or city has outstanding unpaid bonds issued, or substituted for bonds issued, to aid in the con- struction of a railroad therein, so much of all taxes as shall be necessary to take up such bonds, except school district and highway taxes, collected until May 18, 1899, on the assessed valuation of such railroad in such municipal corporation, shall be paid over to . the treasurer of the county in which the municipal corporation is located. Such treasurer shall purchase with such moneys of any town village or city, such bonds, when they can be purchased at or below par, and shall immediately cancel them in the presence of the county judge. K such bonds can not be purchased at or below par, such treasurer shall invest such money in the bonds of the United States, of the state of New York, or of any town or village or city of such state, issued pursuant to law; and shall hold such bonds as a sinking fund for the redemption and payment of such outstanding railroad aid bonds. If a county treasurer shall unreasonably neglect to com- ply with this section, any taxpayer of the town, village or cjty having so issued its bonds may apply to the county judge of the county in Bonding op Towns, and Eailboad Aid Debts. 2l5 which such municipal corporation is situated, for an order compelling such clerk to execute the provisions of this section. The county treasurer of any county in which one or more towns therein shall have issued bonds for railroad purposes, shall, when directed by the board of supervisors or county judge of the county, execute and file in the office of the county clerk an undertaking, with not less than two sureties, approved by such board or judge, to the effect that he will faithfully perform his duties pursuant to this section. The annual report of a county treasurer shall fully state, under the head of " railroad sinking fund," the name and character of all such investments made by him or his predecessors, and the condition of such fund. K. 8., 948, 950, L. 1869, ch. 907, §§ 4, 12. Abolition of office of railroad commissioners. § 13. The board of supervisors of any county may, upon the applica- tion of the auditing board of any municipal corporation therein, by resolution, abolish the office of railroad commissioners of such muni- cipal corporation, and direct the manner of the transfer of their duties to the supervisor of the town, or the treasurer of the municipal cor- poration other than a town, and upon his compliance with such direc- tions, such transferee shall be vested with all the powers conferred upon such railroad commissioners and subject to all the duties imposed upon them. New. Appointment of railroad commissioners. § 14. The county judge of any county within which is a muni- cipal corporation having or being entitled to have railroad com- missioners, when this chapter shall take effect, and in which the duties imposed upon such commissioners are not fully performed, shall continue to appoint and commission, upon the application o twenty freeholders within such corporation, three persons, who shall be freeholders and resident taxpayers therein, commissioners for the purpose of performing the duties and completing the business required of them pursuant to this chapter or any law. Such commissioners shall hold their office for five years, and until others are appointed by the county judge, unless their duties shall be sooner performed, or the office shall be abolished, who shall also, in like manner, fill any vacancies that may exist therein. Such commissioners shall each receive the sum of three dollars per day for each day actually engaged 216 Bonding of Towns, and Eailboad Aid Debts. in the discharge of their duties, and the necessary disbursements to be audited and paid by the usual auditing and disbursing officers of such municipal corporation. A majority of such commissioners, at a meeting of which all have notice, shall constitute a quorum. B. S., 947, L. 1869, ch. 907, § 3. Oath and undertaking of commissioners. § 15. Before entering upon their duties such commissioners shall take the constitutional oath of office, and make and file with the county clerk of their county, their joint and several undertaking, with two or more sureties to be approved by the county judge of their county, to the effect that they will faithfully discharge their duties as such commissioners, and truly keep, pay over and account for all moneys belonging to such corporation coming into their hands. E. 8., 953, L. 1873, ch. 720. Exchang-e or sale of railroad stock and bonds. § 16. The commissioners or officers of a municipal corporation, having the lawful charge and control of any railroad stock or bonds, for or in payment of which the bonds of such municipal corporation, have been lawfully issued in aid of such railroad corporation, may exchange the stock or bonds of such railroad corporation for and in payment of such bonds, or the new substituted bonds of such munici- pal corporation, when such exchange can be made for not less than the par value of the stocks or bonds so held by them. If they can not make such exchange they may sell such stock or bonds at not less than par; but they may, on the application and with the approval, of the governing board of the municipal corporation, owning such stock and bonds, exchange, sell, or dispose of such stock or bonds, at the best price and upon the best terms obtainable, for the municipal cor- poration they represent, and shall execute to the purchaser the neces- sary transfers therefor. All moneys received for any stock or bonds shall only be applied to the payment and extinguishment of the bonds of the municipal corporation, lawfully issued in aid of any such rail- road, or substituted therefor; except that if the bonds so issued or substituted have all been paid, or the moneys so realized shall be more than sufficient to pay them in full, and all the costs and expenses of the sale, such proceeds or balance thereof shall be paid by the officers making the sale, to the supervisor of the town, or the treasurer of the municipal corporation, and applied to such lawful uses as the Bonding of Towns, and Eailroad Aid Debts. 217 governiagt board of the municipal corporation, entitled to the same maj direct. E. S., 954. L. 1875, ch. 328. Id., 955, L. 1875, ch. 421. Id., 955, L. 1875, ch. 585. Id., 958, L. 1880, eh. 21. L. 1881, ch. 308. Annual report of commissioners and payment of bonds. § 17. The commissioners cf a municipal corporation, having in charge the moneys received and collected, and who are responsible for the payment of the interest of the bonds lawfully issued by such municipal corporation, in aid of railroads, shall annually report to the governing board of the municipal corporation, the total amount of the municipal indebtedness of the municipal corporation they rep- resent, upon such bonds or such new bonds substituted therefor, the date of the bonds and when payable, the rate of interest thereon, the acts under which they were issued, the amount of principal and interest that will become due thereon before the next annual tax-levy and collection of taxes for the next succeeding year, and the amount in their hands applicable to the payment of the principal or interest thereon. Each year such governing board shall levy and collect of the municipal corporation sufficient money to pay such principal and interest, as the same shall become due and payable. When collected, such moneys, with the unpaid sums on hand, shall be forthwith paid over to such commissioners, and applied by them to the purposes for which collected or held. When paid such bonds shall be presented by such commissioners to the governing board of the municipal cor- poration, at least five days before the annual town meeting, village or city election, or meeting of the board of supervisors, next thereafter held, who shall cancel the same, and make and file a record thereof in the cleVk's office of the municipal corporation, whose bonds were so paid or canceled. E. 8., 956, L. 1877, ch. 349, §§ 1, 2. Id., 960, L. 1881, ch. 522, § 4. Accounts and loans of commissioners. § 18. Such commissioners shall present to the auditing board of the municipal corporation they represent, at each annual meeting of such board, a written statement, or report showing all their receipts ane expenditures, with vouchers. They shall also loan on proper security 28 218 Bonding op Towns, and Eailboad Aid Debts. or collaterals, or deposit in some solyent bank, or banking institutions, at the best rate of interest they can obtain, or invest in the bonds of the municipal corporation they represent, or in bonds of the state, or of any town, village, city or county therein, issued pursuant to law, or in the bonds of the United States, all moneys that shaU come into their hands by virtue of their office, and not needed for current liabilities; and all earnings, profits or interest accruing from such loans, deposits or investments, shall be credited to the municipal corporation they represent, and accounted for in their annual settlement with the governing board thereof. E. S., 952, L. 1871, ch. 537. L. 1882, ch. 293. Id., 956, L. 1877, ch. 349. Reissue of lost or destroyed bonds. § 19. When any bond lawfully issued by a municipal corporation in aid of any railroad, or in substitution for bonds so issued, shall be lost or destroyed, such commissioners may issue new bonds in the place of the ones so lost or destroyed, at the same rate of interest, and to become payable at the same time, upon the owner furnishing satisfactory proof, by affidavit, of such ownership, and loss or destruc- tion, and a written indemnity, with at least two sureties, approved as to form and sufficiency by the county judge of the county in which such municipal corporation is situated. Every new bond so issued shall state upon its face the number and denomination of the bond for which it is issued, that it is issued in the place of such bond claimed to have been lost or destroyed, that it is issued as a duplicate thereof, and that but one is to be paid. Such affidavit and indemnity, duly indorsed, shall be immediately filed in the county clerk's office. R. S., 961, L. 1886, ch. 278. THE CODE OF CEIMINAL PROCEDURE OF THE STATE OF NEW YORK. Sections Applicable to Railroad Companies. Courts of special sessions, jurisdiction of. Section 1. Section fifty-six of the Code of Criminal Procedure is hereby amended bo as to read as follows: § 56. Subject to the power of removal provided for in this chapter, courts of special sessions, except in the city and county of New York and the city of Albany, have in the first instance exclusive jurisdiction to hear and determine charges of misdemeanors committed within their respective counties, as follows: 9. Intoxication of a person engaged in running any locomotive engine upon any railroad, or while acting as a conductor of a car, or train of cars, on any such railroad, or a misdemeanor committed by any person on a railroad car or train. {Thus amended. Laws of 1890, chap. 521.) ******** 23. Unlawfully frequenting or attending a steamboat landing, rail- road depot, church, banking institution, broker's office, place of public amusement, auction room, store, auction sale at private residence, passenger car, hotel, restaurant, or any other gathering of people. {Thus amended, Laws 1886, chap. 28.) Of crime committed in the state on board of any railway train, etc. § 137. When a crime is committed in this state, in or on board of any railway engine, train or car, making a passage or trip on or over any railway in this state, or in respect to any portion of the lading or freightage of any such railway train or engine car, the jurisdiction is in any county through which, or any part of which, the railway train or car passes, or has passed, in the course of the same passage or trip, or in any county where such passage or trip terminates, or would terminate if completed. 220 Code op Cmminal Peooeduee. i Plea of guilty, how pat in. § 335. A plea of guilty can only be put in by the defendant him- Belf in open court, except upon an indictment against a corporation, in which case it may be put in by counsel. Summons upon an information or presentment against a corporation, by whom issued, and when returnable. § 675. Upon an information against a corporation, the magistrate must issue a summons, signed by him, with his name of office, requiring the corporation to appear before him, at a specified time and place, to answer the charge; the time to be not less than ten days after the issuing of the summons. (3B.S. 1046, S:e6, 67, 68.) Form of the summons. § 676. The summons must be in substantially the following form: "County of Albany, [or as the case may be. J "In the name of the people of the State of New York: " To the [naming the corporation. J " Tou are hereby summoned to appear before me, at [naming the place], on [specifying the day and hour], to answer a charge made against you, upon the information of A. B., for [designating the offense, generally]. "Dated at the ct<2/> [or 'town,'] of the day of ,18 . " O. H., Justice of the Peace." [Or as the case may be.] When and how served. § 677. The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president, or other head of the corpora- tion, or to the secretary, cashier or managing agent thereof. Examination of the charge. § 678. At the time appointed in the summons, the magistrate must proceed to investigate the charge, in the same manner as in the case of a natural person brought before him, so far as those proceedings are applicable. Certificate of the magistrate, and return thereof with depositions. § 679. After hearing the proofs, the magistrate must certify upon the depositions, either that there is or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the depositions and certificate, in the manner prescribed in section 221. Code of Criminal Pkooedube. 221 Grand jury may proceed as in case of a natural person. § 680. If the magistrate return a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the grand jury may proceed thereon as in the case of a natural person held to answer. § 681. When an indictment is filed against any corporation, such corporation must be arraigned thereon, and the court acquires juris- diction over the corporation, in the manner following: 1. The clerk of the court wherein such indictment is found, or to which it is sent or removed, or the district attorney of the county, must issue a summons signed by him with his name of office, requiring such corporation to appear and answer the indictment by a demurrer or written plea to be verified in like manner as a pleading in a civil action, at a time and place to be specified in such summons, such time to be not less than five days after the issue thereof. The summons may be substantially in the following form : Court of oyer and terminer of the county of (state the proper county or court as the case may be) The people of the state of New York vs. A. B. company, lou are hereby summoned to appear in this court and by demurrer or plea in writing, duly verified, answer an indictment filed against you by the grand jury of this county, on the day of , charging you with the crime of (designating the offense generally), at a term of the court ' of oyer and terminer (or as the case may be), of this county, at (naming the place) on (stating the day and hour) and in case of your failure to so appear and answer, judgment will be pronounced against you. Dated at the city (or town) of , the day of 18 C. D., District Attorney, (or by order of the court, E. F., Clerk, as the case may be). 2. The summons must be served at least four days before the appearance fixed therein, in the same manner as is provided for the service of a summons upon a corporation in a civil action; and if the corporation does not appear in the manner and at the time and place specified in the summons, judgment must be pronounced against it. 3. Nothing contained in this section shall be construed as preventing the appearance of a corporation by counsel to answer an indictment, without the issuance or service of the summons as above provided. 222 Code op Cbdminal Pboceduke. And when an indictment shall have been filed against a corporation it may voluntarily appear and answer the same by counsel duly authorized to so appear for it; in which case the court acquires fuU jurisdiction over the corporation in the same manner as if the summons had been issued and served. (As amended by L. 1892, ch. 219, to take effect Sep- tember 1, 1892.) Fine on conviction, how collected. § 682. When a fine is imposed upon a corporation upon conviction, it may be collected in the same manner as a judgment in civil action, and if an execution issued upon such judgment be returned unsatisfied, the district attorney of the county may thereupon bring an action in the name of the people of the state of New York, to procure a judg- ment sequestrating the property of the corporation, as provided by the code of civil procedure. {As amended by L. 1892, ch. 219, to take effect September 1, 1892.) THE PENAIi CODE OF THE Sl'ATE OF NEW YORK. Portions theeeof Applicable and Relating to Railroad Corporations. Punishment, how determined. Section 13. Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case must be determined by the court authorized to pass sentence, within such limits as may be prescribed by this code. In all cases where a corporation is convicted of an offense for the commission of which a natural person would be punishable with imprisonment, as for a felony, such corporation is punishable by a fine of not more than five thousand dollars. {As amended by L. 1892, ch. 218.) Compelling employe to agree not to join any labor organization a mis- demeanor. § 171a. Any person or persons, employer or employers of labor, and any person or persons of any corporation or corporations on behalf of such corporation or corporations, who shall hereafter coerce or compel any person or persons, employe or employes, laborer or mechanic, to enter into an agreement, either written or verbal from such person, persons, employe, laborer or mechanic, not to join or become a member of any labor organization, as a condition of such person or persons securing employment, or continuing in the employ- ment of any such person or persons, employer or employers, corpora- tion or corporations, shall be deemed guilty of a misdemeanor. The penalty for such misdemeanor shall be imprisonment in a penal insti- tution for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment. {Gh. 688, L. of 1887.) Use offeree or violence declared not unlawful in certain cases, etc. Subdivision 5, section 223. 5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them. 224 Penal Codr at their request, in expelling from a carriage, railway car, vessel or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force or violence used is not more than sufficient to expel the offending passenger, with a reasonable regard to his personal safety, ******** Advising or inducing employes not to wear uniform a misdemeanor. § 425. A person who, 1. Advises or induces any one, being an officer, agent or employe of a railway company, to leave the service of such company, because it requires a uniform to be worn by such officer, agent or employee, or to refuse to wear such uniform, or any part thereof; or, 2. Uses any inducement with a person employed by a railway com- pany to go into the service or employment of any other railway company, because a uniform is required to be worn; or, 3. Wears the uniform designated by a railway company without authority; Is guilty of a misdemeanor. (2 B. S., 531, S 40; 2 B. S., 560, § 143: Laws of 1867, chap. 483, S 1.) Arson in second degree. § 487. A person who, * * * * * * * 4. Willfully burnB, or sets on fire, in the night-time, a car, vessel or other vehicle, or a structure or building, ordinarily occupied at night by a human being, although no person is within at the time. ******* Arson in third degree. . § 488. A person who willfully burns, or sets on fire, either, 1. A vessel, car or other vehicle, or a building, structure or other erection, which is at the time insured against loss or damage by fire, with intent to prejudice the insurer thereof; or, 2. A vessel, car or other vehicle, or a building, structure or other erection under circumstances not amounting to arson in the first or second degree. Burglary in third degree. § 498. A person who either, 1. With intent to commit a crime therein, breaks and enters a building, or room, or any part of a building; or. Penal Code. 225 2. Being in any building, commits a crime therein and breaks out of the same; Is guilty of burglary in the third degree. (3E.8.,941, §§18, 19.) Unlawfully entering building^. § 505. A person who, under circumstances or in a manner not amounting to a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor. "Building," defined. § 504. The term " building," as used in this chapter, includes a railway car, vessel, booth, tent, shop or other erection or inclosure. Riding on freight or wood train; getting on car or train while in motion ; obstructing, etc., horse or street railroad cars; punishment. § 426. Biding on freight trains, 1. A person who rides on any engine or any freight or wood car of any railway company, without authority or permission of the proper officers of the company or of the person in charge of said car or engine; or, 2. Who gets on any car or train while in motion for the purpose of obtaining transportation thereon as a passenger; or, 3. Who willfully obstructs, hinders or delays the passage of any car lawfully running upon any steam or horse or street railway; Is guilty of a misdemeanor. {As amended by chap. 458, Lhws of 1890.) (Laws of 1871, chap. 261 ; Laws of 1879, chap. 474 ; Laws of isso, ohap. 370. ) Penalty for attempting to forward any explosive by railroad without revealing true nature thereof. § 389. A person who makes or keeps gunpowder, nitro-glycerine, or any other explosive or combustible material, within a city or village, or carries such materials through the streets thereof, in a quantity or manner prohibited by law or by ordinance of the city or village is guilty of a misdemeanor. And a person who, by the careless, negli- gent or unauthorized use or management of gunpowder or other explosive substance, injures, or occasions the injury of the person or property of another, is punishable by imprisonment for not more than two years. Any person or persons who shall knowingly present, attempt to present, or cause to be presented or offered for shipment, to any railroad, steamboat, steamship, express or other company engaged as common carrier^ of passengers or freight, dynamite, nitro- 29 226 Penal Code. glycerine, powder or other explosives dangerous to life or limb, with- out revealing the true nature of said explosive, or substance so offered or attempted to be offered to the company or carrier to which it shall be presented shall be guilty of a felony, and upon conviction shall be fined in any sum not exceeding one thousand dollars and not less than three hundred dollars or imprisonment in a state prison for not less than one nor more than five years or be subject to both such fine and imprisonment. (As amended by chap. 689, Laws of 1887.) Endangering life by maliciously placing explosives near building, car, etc. § 645. A person who places in, upon, under, against or near to, any building, car, vessel or structure, gunpowder or any other explosive substance, with intent to destroy, throw down or injure the whole or any part thereof, under such circumstances, that if the intent, were accomplished, human life or safety would be endangered thereby, although no damage is done, is guilty of a felony. (See 8S 201, 389, 636.) Emigrants; sales and exchanges of passenger tickets. § 626. A person who, 1. Sells, or causes to be sold, a passage ticket, or order for such ticket, on any railway, vehicle or vessel, to any emigrant passenger at a higher rate than one and a quarter cents per mile; or, 2. Takes payment for any such ticket or order for a ticket under a false representation as to the class of the ticket, whether emigrant or first-class; or, 3. Directly or indirectly, by means of false representations, pur- chases or receives from an emigrant passenger any such ticket; or, 4. Procures or solicits any such passenger having such a ticket to exchange the same for another passenger ticket, or to sell the same and purchase some other passenger ticket; or, 5. Solicits or books any passenger arriving at the port of New York from a foreign country before such passenger has left the vessel on which he has arrived, or enters or goes on board any vessel arriving at the port of New York from a foreign country, having emigrant passengers on board, for the purpose of soliciting or booking such passengers; and a person or agent of a corporation employing any person for the purpose of booking such passengers before leaving the ship; Is guilty of a misdemeanor. (I R. 8., 1087, SS 78, 79, n ; Laws of 1863, obap. 218, ;S 7, 8, 9 ; Laws of 1866, chap. 474, Si 1, 8, 4. , Penal Code. 227 "Company" defined. § 627. The term " company," as used in this chapter, includes all corporations, whether created under the laws of this state or of the United States, or those of any other state or nation. (Laws of I860, chap. 103, S 13. ) Forging passage tickets. § 516. A person who, with intent to defraud, forges, counterfeits, or falsely alters any ticket, cheque or other paper or writing, entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railway or in any vessel or other public conveyance; and a person who, with like intent, sells, exchanges or delivers, or keeps or offers for sale, exchange or delivery, or receives upon any purchase, exchange or delivery, any such ticket, knowing the same to have been forged, counterfeited or falsely entered, is guilty of forgery in the third degree. (3 R. S., 954, f S 93, 94 ; LawB of 1860, p. 177, chap. 103.) Injuries to railroad tracks, etc. § 635. A person who: 1. Displaces, removes, injures or destroys any rail, sleeper, switch, bridge, viaduct, culvert, embankment, or structure, or any part thereof attached, appertaining to or connected with any railway, whether operated by steam, horses, or other motive power; or, 2. Places any obstruction upon the track of any such railway; or, 3. Willfully destroys or breaks any guard erected or maintained by a railroad corporation as a warning signal for the protection of its employes; or, 4. Willfully discharges a loaded firearm, or projects or throws a stone or other missile at a railway train, or at a locomotive, car or vehicle standing or moying upon a railway; or, 5. Willfully displaces, removes, cuts, injures or destroys any wire, insulator, pole, dynamo, motor, locomotive, or any part thereof, attached, appertaining to or connected with any railway operated by electricity, or willf iiUy interferes with or interrupts any motive power used in running such road, or willfully places any obstruction upon the track of such railroad, or willfully discharges a loaded firearm, or projects or throws a stone or any other missile at such railway train or locomotive, car or vehicle, standing or moving upon such railway; Is punishable as follows : 1. If thereby the safety of any person is endangered, by imprison^ went for UQt more than ten years. 228 Penal Code. 2. In every other case, by imprisonment for not more than three years or by a fine of not more than two hundred and fifty dollars, or both. {As amended by Laws 1892, ch. 692.) Altering, etc., signal or light for railway engine or train. § 638. A person who, with intent to bring a vessel, railway engine or railway train into danger, either, 1. Unlawfully or wrongfully shows, masks, extinguishes, alters, or removes a light or other signal; or 2. Exhibits any false light or signal; Is punishable by imprisonment for not more than ten years. Frauds in subscriptions for stock of corporations. § 590. A person who signs the name of a fictitious person to any subscription for, or agreement to take, stock in any corporation exist- ing or proposed; and a person who signs to any subscription or agree- ment the name of any person, knowing that such person does not intend in good faith to comply with the terms thereof, or under any understanding or agreement that the terms of such subscription or agreement are not to be complied with or enforced, is guilty of a misdemeanor. Sale by authorized agents restricted. § 616. No person, except as allowed in section 622, shall ask, take or receive any money or valuable thing as a consideration for any passage or conveyance upon any vessel or railway train, or for the procurement of any ticket or instrument, giving or purporting to give a right, either absolutely or upon a condition or contingency, to a passage or conveyance upon a vessel or railway train, or a berth or state-room on a vessel, unless he is an authorized agent within the provisions of the last section; nor shall any person, as such agent sell or offer to sell any such ticket, instrument, berth or state-room, or ask, take or receive any consideration for any such passage, convey- ance, berth or state-room, excepting at the office designated in his appointment, nor until he has been authorized to act as such agent according to the provisions of the last section, nor for a sum exceed- ing the price charged at the time of such sale by the company, owners or consignees of the vessel or railway mentioned in the ticket. But a person who shall have purchased a ticket in good faith for his own passage, and shall have been prevented from using the same, may sell the ticket at any price not greater than the regular rate established therefor to another person in good faith for his own use. (Laws of 1660, chap. 103, § 2 ; Iiaws o{ 1857, chap. 170, !i 1 ; Laws ol 1868, chap. 820 ; Laws of 1876, chap. 201.) Penax Code. 229 TTnauthorized persons forbidden to sell certificates, receipts, etc., for the purpose of procuring tickets. § 617. No person other than an agent appointed, as provided in section 615, shall sell, or ofEer to sell) or in any way attempt to dispose of any order, certificate, receipt or other instrument, for the purpose, or under the pretense, of procuring any ticket or instrument mentioned in section 615, upon any company or line, vessel or railway train therein mentioned. And every such order sold or offered for sale by any such agent must be directed to the company, owners or conaigpees at their ofiSce. (Laws of 1860, chap. 103, S 3 ; Laws of 18S7, ohap. 470 ; Laws of 1868, chap. 820 ; Laws of 1876, chap. 201.) Punishment for violation of the preceding sections. § 618. A person guilty of a violation of any of the provisions of the preceding sections of this chapter is punishable by imprisonment in a state prison not exceeding two years, or by imprisonment in a county jail not less than six months. (Laws of I860, ohap. 103, § 4 ; Laws of 1867, chap. 470, § l ; Laws of 1868, chap. 820 ; Laws of 1876, chap. 201.) Conspiring to sell passage tickets in violation of law. § 619. All persons who conspire together to sell, or attempt to sell, to any person, any passage ticket, or other instrument mentioned in sections 615 and 616, in violation of those sections, and all persons who by means of any such conspiracy, obtain or attempt to obtain, any money or other property, under the pretense of procuring or securing any passage or right of passage in violation of this chapter, are punishable by imprisonment in a state prison not exceeding five years. (Lawsof I860, chap. 103, S 6; Laws of 1857, ohap. 470; Lawsof 1868, ohap. 820; Laws of 1870, chap. 103, g 6; Laws of 1870, chap. 423.) Conspirators may be indicted, notwithstanding object of conspiracy has not been accomplished. § 620. Persons guilty of violating the last section may be indicted and convicted for a conspiracy, though the object of such conspiracy has not been executed. (Laws of 1860, chap. 103, 8 6; Laws of 1870, ohap. 423, § 6; see I in.) Offices kept for unlawful sale of passage tickets, declared disorderly houses. § 621. All offices kept for the purpose of selling passage tickets in violation of any of the provisions of this chapter, and all offices where any such sale is made, are deemed disorderly houses; and all persona 230 Penal Code. keeping any such office, and all persons associating together for the purpose of violating any of the provisions of this chapter, are punish- able by imprisonment in a county jail, for a period not exceeding six months, and not less than three months. (Laws of 18«o, chap. 103, S 7 ; Laws of 1870. chap. 123.) Station masters, conductors, etc., allowed to sell tickets. § 623. The provisions of this chapter do not prevent the station master or other ticket agent upon any railway, from selling in his office at any station on such railway, any passage tickets upon such railway; nor do they prevent any conductor upon a railway from selling tickets upon the trains of such railway. Iiiability of persons in charge of steam engines. § 199. An engineer or other person having charge of a steam boiler, steam engine, or other apparatus for generating or applying steam employed in a boat or railway, or in a manufactory, or in any mechanical works, who willfully, or from ignorance or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst the boiler, engine or apparatus, or to cause any other acci- dent, whereby the death of a human being is produced, is guilty of manslaughter in the second degree. (3 B. B., 93t, § 21 ; Id. 973, S 31 ; 2 B. S. (Edm.), 717, § 26 ; 1 Whart. Cr. Law, § 363 ; see also S§ 362, 424, post.) mismanagement of steam boilers. § 362. An engineer or other person having charge of a steam boiler, steam engine or other apparatus for generating or employing steam employed in a railway, manufactory, or other mechanical works, who, willfully or from ignorance or gross neglect, creates or allows to be created such an undue quantity of steam as to burst the boiler, engine or apparatus, or cause any other accident whereby human life is endangered, is guilty of a misdemeanor. ( 3 B, 8., 973. i 31 ; see i 199, ante.) Unlawful offers to railroad commissioners or their employes. § 416. Any officer, agent or attorney of a railroad corporation who offers a place, appointment, position or any other consideration to a railroad commissioner, or to a secretary, clerk, agent, employe or expert employed by the board of railroad commissioners, is guilty of a misdemeanor. (.4s amended by L. 1892, ch. 692.) E. S., 1844., L. 1882, ch, 353, § 14. Penal Code. 231 Misconduct of railroad commissionerB and of their employes. § 417. Any railroad Gommissioner, or any secretary, clerk, agent, expert or other person employed by the board of railroad commis- sioners, who: 1. Directly or indirectly solicits or requests from or recommends to any railroad corporation, or to any officer, attorney or agent thereof, the appointment of any person to any place or position; or, 2. Accepts, receives or requests, either for himself or for any other person, any pass, gift or gratuity from any railroad corporation; or, 3. Secretly reveals to any railroad corporation, or to any officer, member or employe thereof, any information gained by him from any other railroad corporation is guilty of a misdemeanor. {As amended by L. 1892, ch. 692.) E. 8., 1844, L. 1882, ch. 353. § 14. Persons unable to read not to act or to be employed as engineers. § 418. Any person unable to read the time-tables of a railroad and ordinary handwriting, who acts as an engineer or runs a locomotive or train on any railroad in this state; or any person who in his own behalf, or in behalf of any other person or corporation, knowingly employs a person so unable to read to act as such engineer or to run any such locomotive, is guilty of a misdemeanor. {As amended by L. 1892, ch. 692.) Penal Code, §§ 418, 419 combined, without substantial change. Misconduct of o£B.cials or employes on elevated railroads. § 419. Any conductor, brakeman, or other agent or employe of an elevated railroad, who: 1. Starts any train or car of such railroad, or gives any signal or order to any engineer or other person to start any such train or car, before every passenger therein who manifests an intention to depart therefrom by arising, or moving toward the exit thereof, has departed therefrom ; or before every passenger on the platform or station at which the train has stopped, who manifests a desire to enter the train, has actually boarded or entered the same, unless due notice is given by an authorized employe of such railroad that the train is full, and that no more passengers can then be received; or, 2. Obstructs the lawful ingress or egress of a passenger to or from any such car; or, 3. Opens a platform gate of any such car while the train is in motion, or starts such train before such gate is firmly closed; Is guilty of a misdemeanor. {As amended by L. 1892, ch. 692.) E. 8., 1803, ch. 399, §§ 1. 2. 232 Penal Code. Intoxication or other misconduct of railroad or steamboat employes. 1. Any person who, being employed upon any railway as engineer, conductor, baggagemaster, brakeman, switch-tender, fireman, bridge- tender, flagman, signal man, or having charge of stations, starting, regulating or running trains upon a railroad, or, being employed as captain, engineer or other officer of a vessel propelled by steam, is intoxicated while engaged in the discharge of any such duties; or 2. An engineer, conductor, brakeman, switch-tender, or other officer, agent or employe of any raikoad corppration, who willfully violates or omits his duty as such officer, agent or employe, by which human life or safety is endangered, the punishment of which is not otherwise prescribed; Is guilty of a misdemeanor. {As amended by L. 1892, ch. 692.) Penal Code, §§ 420 and 424 combined, without substantial change. Platforms and heating apparatus of passenger cars. § 423. A railroad corporation, or any officer or director thereof having charge of its railroad, or any person managing a railroad in this state, or any person or corporation running passenger cars upon a railroad into or through this state, who: 1. Fails to have the platforms or ends of the passenger cars run upon such railroad constructed in such manner as will prevent passengers falling between the cars when in motion ; or, 2. Except temporarily, in case of accident or emergency, heats any passenger car, while in motion, on any such railroad more than fifty miles in length, except a narrow-gauge railroad which runs only mixed trains, between October fifteenth and May first, by any stove or furnace inside of or suspended from such car, except stoves of a pat- tern and kind approved by the board of railroad commissioners for cooking purposes in dining-room cars, and except within the extended time allowed by the railroad commissioners in pursuance of law for introducing other heating apparatus; Is guilty of a misdemeanor. {As amended by L. 1892, ch. 692 ) Penal Code, § 423. B. S., 1805, L. 1877, ch. 616, § 1. L. 1888, ch. 189, § 1. L. 1890, ch. 421. Guard posts ; automatic couplers. § 424. All corporations and persons other than employes, operating any steam railroad in this state, 1. Failing to cause guard posts to be placed in the prolongation of the line of bridge trusses upon such railroad, so that in case of derail- Penal Code. 233 ment, the posts and not the trusses shall receive the blow of the derailed locomotive or car; or, 2. Failing after November Ist, 1892, to equip all of their own engines and freight cars, run and used in freight or other trains on such railroad, with automatic self-couplers, or running or operating on such railroad any freight car belonging to any such person or corporation, without having the same equipped, except in case of accident or other emergency, with automatic self-couplers, and except within the extended time allowed by the board of railroad commis- sioners, in pursuance of law, for equipping such car with such couplers ; Is guilty of a misdemeanor, punishable by a fine of five hundred dollars for each offense. {As amended by L. 1892, ch. 692.) Officer of corporation selling, etc., forged or fraudulent scrip, etc. § 518; An officer, agent or other person employed by any company or corporation existing under the laws of this state, or by any other state or territory of the United States, or of any foreign government, who willfully and with a design to defraud, sells, pledges or issues, or causes to be sold, pledged or issued, or signs or procures to be signed with intend to sell, pledge or issue, or to be sold, pledged or issued, a false, forged or fraudulent paper, writing or instrument, being or purporting to be a scrip, certificate or other evidence of the ownership or transfer of any share or shares of the capital stock of such company or corporation, or a bond or other evidence of debt of such company or corporation, or a certificate or other evidence of the ownership or of the transfer of such bond or other evidence of debt, is guilty of forgery in the third degree, and upon conviction, in addition to the punishment prescribed in thisi title for that offense, may also be sentenced to pay a fine not exceeding $3,000. (3 B. 8., 946, §§ 49, 50; § 591, post.) Falsely indicating person as corporate officer. § 519. The false making or forging of an instrument or writing pur- porting to have been issued by or in behalf of a corporation or associa- tion, state or government, and bearing the pretended signature of any person, therein falsely indicated as an agent or officer of such corporation, is forgery in the same degree as if that person were in truth such officer or agent of the corporation or association, state or government. (3 B. S., 946, § 48; 2 B. S. [Edm.], 695, § 47; Laws of 1885, chap. 155.) 30 234 Penal Code. Terms "forge" and "forging." § *520. The expression " forge," " forged " and " forging," as used in this chapter, includes false making, counterfeiting and the alteration, erasure, or obliteration of a genuine instrument, in whole or in part, the false making or counterfeiting of the signature of a party or wit- ness, and the placing or connecting together with intent to defraud different parts of several genuine instruments. (3 E. S., 946, § 44.) Frauds in the organization of corporations. § 590. A person who: 1. Without authority subscribes the name of another to or inserts the name of another in any prospectus, circular or other advertise- ment or announcement of any corporation or joint-stock association existing or intended to be formed, with intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of such corporation or association; or, 2. Signs the name of a fictitious person to any subscription for, or agreement to take stock in any corporation, existing or proposed; or 3. Signs to any such subscription or agreement the name of any person, knowing that such person does not intend in good faith to comply with the terms thereof, or under any understanding or agree- ment, that the terms of such subscription or agreement are not to be complied with or enforced; Is guilty of a misdemeanor. (As amended by L. 1892, ch. 692.) Penal Code, §§ 590 and 593, without substantial change. Fraudulent issue of stock, scrip, etc. § 591. An officer, agent or other person in the service of any joint- stock company or corporation formed or existing under the laws of this state, or of the United States or of any state or territory thereof, or of any foreign government or country, who willfully and knowingly, with intent to defraud, either: 1. Sells, pledges or issues, or causes to be sold, pledged or issued, or signs or executes, or causes to be signed or executed with intent to sell, pledges or issues, or causes to be sold, pledged or issued, any certificate or instrument purporting to be a certificate or evidence of the ownership of any share or shares of such company or corporation, or any bond or evidence of debt, or writing purporting to be bond or evidence of debt of such company or corporation, without being first thereto duly authorized by such company or corporation, or contrary Penal Code. 235 to the charter or laws under which such corporation or company exists, or in excess of the power of such company or corporation or of the limit imposed by law or otherwise upon its power to create or issue stock or evidences of debt; or, 2. Eeissues, sells, pledges or disposes of, or causes to be reissued, sold, pledged or disposed of, any surrendered or canceled certificates, or other evidence of the transfer or ownership of any such share or shares, is punishable by imprisonment for a term not exceeding seven years, or by a fine not exceeding three thousand dollars, or by both {As amended by L. 1892, ch. 662.) Frauds in procurmg organization of corporation or increase of capital. § 592. An officer, agent or clerk of a corporation, or of persons pro- posing to organize a corporation, or to increase the capital stock of a corporatiop, who knowingly exhibits a false, forged or altered book, paper, voucher, security or other instrument of evidence to any pub- lic officer or board authorized by law to examine the organization of such corporation, or to investigate its affairs, or to allow an increase of its capital, with intent to deceive such officer or board in respect thereto, is punishable by imprisonment in a state prison not exceed- ing ten years. {As amended by L. 1892, ch. 662.) Misconduct of directors of stock corporations. § 594. A director of a stock corporation, who concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended, 1. To make a dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law; or, 2. To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation; or to reduce such capital stock without the consent of the legislature; or, 3. To discount or receive any note or other evidence of debt in pay- ment of an installment of capital stock actually called in, and required to be paid, or with intent to provide the means of making such pay- ment; or, 4. To receive or discount any note or other evidence of debt with intent to enable any stockholder to withdraw any part of the money paid in by him on his stock; or, 5. To apply any portion of the funds of such corporation, except surplus profits, directly or indirectly, to the purchase of shares of its own stock, or. 236 Penal Code. 6. To receive any such shares in payment or satisfaction 'of a debt due to such corporations; or, 7. To receive in exchange for the shares, notes, bonds or other evi- dences of debt of such corporation, shares of the capital stock, notes, bonds or other evidences of debt issued by any other stock corporation, engaged in another line of business, unless authorized by law to make such exchange, is guilty of a misdemeanor. {As amended by L. 1892, ch. 692.) Frauds in keeping accounts, etc. § 602. A director, officer or agent of any corporation or joint-stock association, who knowingly receives or possesses himself of any prop- erty of such corporation or association, otherwise than in payment of a just demand, and with intent to defraud, omits to make, or cause or direct to be made, a full and true entry thereof, in the books or accounts of such corporation or association; and a director, officer, agent or member of any corporation or joint-stock association who, with intent to defraud, destroys, alters, mutilates, or falsifies any of the books, papers, writings or securities belonging to suoh corporation or association, or makes or concurs in making any false entry, or omits or concurs in omitting to make any material entry in any book of accounts, or other record or document kept by such corporation or association, is punishable by imprisonment in a state prison not exceeding ten years, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. (As amended by L. 1892, ch. 662.) Misconduct of officers and directors of stock corporations. § 610. Any officer or director of a stock corporation who : 1. Issues, participates in issuing, or concurs in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law; or, 2. Sells, or agrees to sell, or is directly or indirectly interested in the sale of any share of stock of such corporation, or in any agree- ment to sell the same, unless at the time of such sale or agreement he is an actual owner of such share; Is guilty of a misdemeanor, punishable by imprisonment for not less than six months, or by a tine not exceeding five thousand dollars, or by both. {As amended by L. 1892, ch. 692.) B. S., 1740, L. 1850, ch. 140, § 9. L. 1889, ch. 426. Id., 1727, L. 1884, ch. 223. Penal Code. 237 llisconduct of officers and employes of corporations. § 611. A director, officer, agent or employe of any corporation or joint-stock association who: 1. Knowingly receives or possesses himself of any of its property otherwise than in payment for a just demand, and with intent to defraud, omits to make or to cause or to direct to be made a full and true entry thereof in its books and accounts; or, 2. Concurs in omitting to make any material entry thereof; or, 3. Knowingly concurs in making or publishing any written report, exhibit or statement of its affairs or pecuniary condition, containing any material statement which is false; or, 4. Having the custody or control of its books, willfully refuses or neglects to allow the same to be inspected and extracts to be taken therefrom by any person entitled by law to inspect the same or to take extracts therefrom; or, 5. If a notice of an application for an injunction afEecting the prop- erty or business of such joint-stock association or corporation is served upon him, omits to disclose the fact of such service and the time and place of such application to the other directors, officers and managers thereof; or, 6. Befuses or neglects to make any report or statement lawfully required by a public officer; Is guilty of a misdemeanor.' (^s amended by L. 1892, ch. 692.) Penal Code, §§ 602-3 ; see, also, § 515. R. S., 1486, L. 1847, ch. 210, § 43. Id., 1960, L. 1848, ch. 40, § 25. Id., 1995, L. 1853, ch. 117, § 25. Id., 2003, L. 1874, ch. 143, § 14. Id., 1983, L. 1875, ch. 611, § 17. Id., 1842, L. 1882, ch. 353, § 7. Id., 1543, L. 1882, ch. 409, § 128. Uisconduct of officers and agents of pipe-line corporations. § 612. Any officer, agent or manager of a pipe-line corporation, who: 1. Neglects or refuses to transport any product delivered for trans- portation, or to accept and allow a delivery thereof in the order of application, according to the general rules of the corporation, as pro- vided by law; or, 2. Charges, accepts or agrees to accept for such receipt, transpor- tation and delivery, a sum different from the amount fixed by such regulations; or, 3. Allows or pays, or agrees to allow or pay, or suffers to be allowed or paid or repaid, any draw-back, rebate or allowance, so that any 238 Penal Code. person shall, by any device, have or procure any transportation of products over such pipe-line at a less rate or charge than is fixed in such regulations; Is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both, (^s ammdedby L. 1892, ch. 692.) E. 8., 1873, L. 1878, ch. 203, § 33. Ilisconduct at corporate elections. § 613. Any person who: 1. Votes or issues a proxy to vote at any meeting of the stock- holders, or both, of a stock corporation, upon any stock or bond, if the person in -whose behalf such vote is given shall not then have the title to the stock represented by such certificate or to such bond, and shall not have it in his possession and control, notwithstanding such stock or bond shall then stand on the books of such corporation in the name of the person in whose behalf such vote is given ; or, 2. Being entitled to vote at such meeting, sells his vote or issues a proxy to vote to any person for any sum of money or thing of value; or, 3. Acts as an inspector of election at any such meeting and violates an oath taken by him, in pursuance of law as such inspector, or vio- lates the provisions of an oath required" by law to be taken by him as such inspector, or is guilty of any dishonest or corrupt conduct as such inspector; Is guilty of a misdemeanor. {As amended by L. 1892, ch. 692.) B. S., 1983, L. 1875, ch. 611, § 28. Id., 1793, L. 1880, ch. 510, § 2. Presumption of knowledge of corporate condition and business and assent thereto by directors; definitions. § 614. It is no defense to a prosecution for a violation of the pro- visions of this chapter, thab the corporation is a foreign corporation, if it carries on business or keeps an office therefor in this state. The term " director " as used in this chapter includes any of the persons having, by law, the direction or management of the affairs of a corporation, by whatever name described. A director of a corporation or joint-stock association is deemed to have such a knowledge of the affairs of the corporation or associa- tion as to enable him to determine whether any act, proceeding or omission of its directors is a violation of this chapter. If present at a meeting of the directors at which any apt, proceeding or omissioQ Penal Code. 239 of such directors in violation of this chapter occurs, he must be deemed to have concurred therein, unless he at the time causes or in writing requires his dissent therefrom to be entered on the minutes of the directors. If absent from such meeting, he must be deemed to have concurred in any such violation, if the facts constituting such violation appear on the record or minutes of the proceedings of the board of directors, and he remains a director of the corporation for six months thereafter vsrithout causing or in writing requiring his dis- sent from such violation to be entered on such record or minutes. (As amended by L. 1892, ch. 692.) Penal Code, §§ 609, 610, 611, 613 and 614, consolidated. Injury to other property, how punished. § 654. A person who unlawfully and willfully destroys or injures any real or personal property of another, or who without authority or permission from a person who has the right to give such authority or permission, loosens any brake or blocking of any car standing on any railroad track in this state, or without like authority or permission, puts upon or runs any hand-car, or other car, on any railroad track in this state, or without like authority or permission, interferes or med- dles with any brake or coupling of any car while standing or moving on any railroad track in this state, or takes any part therein, in a case where the punishment is not specially prescribed by statute, is punish- able as follows : 1. If the value of the property destroyed, or the diminution in the value of the property by the injury is more than twenty-five dollars, by imprisonment for not more than four years. 2. In any other case, by imprisonment for not more than six months^ or by a fine of not more than two hundred and fifty dollars, or by both such fine an;d imprisonment. 3. And in addition to the punishment prescribed Iherefor, he is liable in treble damages for the injury done, to be recovered in a civil action by the owner of such property, or the public officer having charge thereof. {As amended by L. 1892, ch. 186, to take efect September 1, 1892.) Carrying animals in a cruel manner, a misdemeanor. § 659. A person who carries, or causes to be carried in or upon any vessel br vehicle or otherwise, any animal in a cruel or inhuman man- ner, or so as to produce torture, is guilty of a misdemeanor. (3 B. S., 974, S 38 i Laws ol X880, chap. 209 : Laws of 1867, chap. 376, 8 5 ; 8 897, post) 240 Penal Code. Transporting animals for more than twenty-four cosecutive hours an misdemeanor. § 663. A railway corporatioD, or an owner, agent, consignee, or per- son in charge of any horse, sheep, cattle, or swine, in the course of or for transportation, who confines, or causes or suffers the same to be confined, in cars for a longer period than twenty-four consecutive hours, without unloading for rest, water and feeding, during ten con- secutive hours, unless prevented by storm or inevitable accident, is guilty of a misdemeanor. In estimating such confinement, the time during which the animals have been confined without rest, on con- necting roads from which they are received, must be computed. If the owner, agent, consignee or other person in charge of any such animals refuses or neglects upon demand to pay for the care or feed of the animals while so unloaded or rested, the railway company, or other carriers thereof, may charge the expense' thereof to the owner or consignee and shall have a lien thereupon for such expense. (3 B. S., 974, § 38 : Laws of 1866, chap, 660, § 1.) Definitions. § 669. 1. The word " animal," as used in this title, does not include the human race, but includes every other living creature ; 2. The word " torture " or " cruelty " includes every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; 3. The words " impure and unwholesome milk " include all milk obtained from animals in a diseased or unhealthy condition, or who are fed on distillery waste, usually called " swill," or upon any sub- stance in a state of putrefaction or fermentation. (R. 8., 976, S 61; Laws o{ 1874, chap 13, S B ; Laws of 1862, chap. 467, S 4.) Innkeepers and carriers refusing to receive guests and passengers. § 381. A person who, either on his own account or as agent or officer of a corporation, carries on business as innkeeper, or as common carrier or passengers, and refuses, without just cause or excuse, to receive and entertain any guest, or to receive and carry any passengers, is guilty of a misdemeanor. (Sees 383, post.) No exclusion because of race, color, etc. § 383. No citizen of this state can, by reason of race, color, or, previous condition of servitude, be excluded from the equal eojoy- ment of any accommodation, faculty or privilege furnished by inn- keepers or common carriers, or by owners, managers of lessees of Penal Code. 241 theaters or other places of amusement, by teachers and officers of common schools and public institutions of learning, or by cemetery associations. The violation of this section is a misdemeanor, punish- able by a fine of not less than $50, nor more than $500. (1 R 8., 377, S§ 22-24; see S 381, ante.) Issuing: fictitious bills of lading, receipts and voucliers. § 629. A person who: 1. Being the master, owner or agent of any vessel, or officer or agent of any railway, express or transportation company, or otherwise being or representing any carrier, who delivers any bill of lading, receipt or other voucher, by which it appears that merchandise of any kind has been shipped on board a vessel, or delivered to a railway, express or transportation company, or other carrier, unless the same has been so shipped or delivered and is at the time actually under the control of such carrier, or the master, owner or agent of such vessel, or of some officer or agent of such company, to be forwarded as expressed in such bill of lading, receipt or voucher; or, 2. Carrying on the business of a warehouseman, wharfinger or other depository or property, who issues any receipt, bill of lading or other voucher for merchandise of any kind which has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instru- ment is issued to a person as beiog the owner of such merchandise, or as security for any indebtedness; Is guilty of a misdemeanor, punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. {As amended by L. 1892, ch. 692.) Penal Code, IS 628 and 629, without substantial ohanse. Erroneous bills of lading or receipts issued in good faith excepted. § 630. No person can be convicted of an offense under the last two sections for the reason that the contents of any barrel, box, case, cask or other vessel or package mentioned in the bill of lading, receipt or other voucher did not correspond with the description given in such instrument of the merchandise received, if such description corre- sponds substantially with the marks, labels or brands upon the out- side of such vessel or package, unless it appears that the defendant knew that such marks, labels or brands were untrue. Duplicate receipts must be marked "duplicate." § 631. A person mentioned in sections 628 and 629, who issues any second or duplicate receipt or voucher of a kind specified in those 31 242 Penal Code. sections at a time while a former receipt or voucher for the merchan- dise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same the word " duplicate," in a plain and legible manner, is punishable by imprisonment not exceeding one year, or by a fine not exceeding $1,000, or by both. Selling, hj^othecating or pledging property received for transportation or storage. § 632. A person mentioned in sections 628 and 629, who sells or pledges any merchandise for which a bill of lading, receipt or voucher has been issued by him without the consent in writing thereto of the person holding such bill, receipt or voucher, is punish- able by imprisonment not exceeding one year, or by a fine not exceed- ing $1,000, or by both. (2 B. S. , 229, i 1, Laws of 1868. chap. 326 ; Laws of 1869, chap. 363 ; Laws of 1866, chap. 440. ) Property demanded by process of law. § 634. The last two sections (§§ 632 and 633) do not apply to any case where property is demanded by virtue of legal process. (2B.S.,229. S8.) § 675. Any person who shall by any offensive or disorderly act or language, annoy or interfere with any person or persons in any place or with the passengers of any public stage, railroad car, ferry boat, or other public conveyance, or who shall disturb or offend the occu- pants of such stage, oar, boat or conveyance, by any disorderly act, language or display, although such act, conduct or display may not amount to an assault or battery, shall be deemed guilty of a mis- demeanor. A person who willfully and wrongfully commits any act which seriously injures the person or property of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public decency, for which no other punishment is expressly prescribed by this code, is guilty of a misdemeanor; but nothing in this code contained shall be so construed as to prevent any person from demanding an increase of wages, or from assembling and using all lawful means to induce employers to pay such wages to all persons employed by them, as shall be a just and fair compensation for services tendered. [Thus amended, chap. 327, Laws 0^1891.) RAPID TRANSIT ACT. CHAP. 4, LAWS OF 1891. AN ACT to provide for rapid transit railways in cities of over one million inhabitants. Commissioners of rapid transit ; appointments ; 'board constituted; vacancies. Section 1. In cities having over one million of inhabitants, according to the last preceding national or state census, where rapid transit commissioners shall have been appointed since the first day of Decem- ber, eighteen hundred and ninety, under the provisions of chapter six hundred and six of the laws of eighteen hundred and seventy-five, and the amendments thereto, by the mayor of any such city, said commis- sioners shall become commissioners of rapid transit under the pro- visions of this act. If no such commissioners have been appointed since the first day of December, eighteen hundred and ninety, and the date of the passage of this act in any city in this state containing a population of over one million inhabitants, according to the last pro- ceding national or state census, then the mayor of such city may at any time after the'passage of this act, appoint five persons who shall be residents of such city, who shall be commissioners of rapid transit under the provisions of this act. The commissioners thus appointed are hereby constituted a board of rapid transit railroad commissioners, in and for the city in which they are appointed. They shall have and exercise the specific authority and powers hereinafter conferred, and also such other and necessary powers as may be requisite to the effi- cient performance of the duties imposed upon the said board by this act. If a vacancy shall at any time occur in any such board of rapid transit railroad commissioners, such vacancy shall be filled by the mayor of the city in which said board exists, by the appointment of a citizen of said city, who shall belong to the same political party as did the commissioner whom such appointee succeeds. Oath of commissioners. § 2. Within twenty days after the passage of this act, in the case of commissioners who become such by its terms, and within twenty days after their appointment in the case of commissioners appointed under its provisions, each of the said commissioners shall take and suljscribe 244 Eapid Thansit Acr. an oath faithfully to perform the duties of his office, which oath shall be filed in the office of the clerk of the county within which said board is appointed. First meeting of board; by-laws and rules ; quorum ; record of proceedings. § 3. Within thirty days after the passage of this act, in the case of commissioners who become such by its terms, and within twenty days after their appointment, in the case of commissioners appointed under its provisions, the said commissioners shall meet and organize as a board. The board when so organized, may frame and adopt by-laws not inconsistent with this act, and establish suitable rules and regula- tions for the proper exercise of the powers and duties hereby conferred and imposed, and may from time to time amend the same. Four members of the board shall constitute a quorum for the transaction of business, but a less number may adjourn meetings. The said board shall adopt a seal and keep a record of it proceedings, which shall be a public record and be open to inspection at all reasonable times. Board to determine necessity of railways and to fix routes; general plan of construction ; location of routes ; proviso as to coments ; parka and certain streets excepted; tunnels under parks and crossing streets; elevated roads. § 4. The said board upon its own motion may proceed, from time to time, to consider and determine whether it is for the interest of the public and of the city in which it is appointed, that a rapid transit railway or railways for the conveyance and transportation of persons and property should be established therein, and upon the request in writing of the local authorities of any such city at any time, the said board shall proceed forthwith to consider and determine the same ques- tions, and in each case the said board shall conduct 3uch an inquest and investigation as may be deemed necessary in the premises. If, after such consideration and inquest, the said board shall determine that a rapid transit railway or railways, in addition to any already existing, are necessary for the interest of the public and such city, it shall proceed to determine and establish the route or routes thereof and the general plan of construction. Such general plan shall show thb general mode of operation and contain such details as to manner of construction as may be necessary to show the extent to which any street, avenue or other public place is to be encroached upon and the Ijroperty abutting thereon affected, and the concurrent votes of at least four members of the board shall be necessary for the purpose of deter- mining and establishing such route or routes and plan of construction. Bapid Transit Act. 2J5 The said board, from time to time, may locate the route or routes of such railway or railways over, under, upon, through and across any streets, avenues and lands within such city, including bloaks between streets or avenues or, partly over, under, upon, through and across any streets, avenues and lands within such city and partly through blocks between streets or avenues; provided that the consent of the owners of one-half in value of the property bounded on and the consent also of the local authorities having control of that portion of a street or high- way upon which it is proposed to construct or operate such railway or railways be first obtained, or in case the consent of such property owners can not be obtained, that the determination of three commis- sioners appointed by the general term of the supreme court in the district of the proposed construction, given after due hearing of all parties interested, and confirmed by the court, that such railway or railways ought to be constructed or operated, be taken in lieu of the consent of such property owners; except that no public park nor any lands or places, lawfully set apart for, or occupied by, any public building of any city or county, or of the state of New York, or of the United States, nor those portions of Grand, Classon, Franklin avenues and Downing street in the city of Brooklyn, lying between the south- erly line of Lexington avenue and northerly- line of Atlantic avenue, nor that portion of Classon avenue in said city lying" between the northerly line of Lexington avenue and southerly line of Park avenue, nor that portion of Washington avenue in said city lying' between Park and Atlantic avenues, nor DeBevoise place, Irving place and Leffert's place, Lee avenue, Nostrand avenue, Waverly avenue, Vander- bilt avenue and Clinton avenue in said city of Brooklyn, nor that por- tion of the city of Buffalo lying between Michigan and Main streets, nor any part of Fifth avenue in the city of New York, nor that portion of any street or avenue which is now actually occupied by any elevated railroad structure, shall be occupied by any corporation to be organ- ized under the provisions of this act for the purpose of constructing a railway in or upon any of such public parks, lands or places, or upon or along either of the said excepted streets or avenues. It shall be lawful for said commissioners to Ipcate the route of a railway or rail- ways, by tunnel under any such public parks, lands or places and to locate the route of any railway to be built, under this act, across any of the streets and avenues now occupied by an elevated railroad structure in the city of New York or across any of the streels or avenues excepted in this act at any point at which, in itu discretion, the board of rapid transit railroad commissioners may deem necessary in the location of any route or routes. Nothing in this act shall 24(5 Eapid Tbansit Act. authorize the construction of an elevated railway on Broadway south of Thirty-third street, nor on Madison avenue in the city of New York It shall not be lawful to grant, use or occupy, for the purposes of an elevated railroad, except for the purpose of crossing the same, any portion of the following named streets and places in the city of New York, that is to say: Second avenue below Twenty- third street; Nassau street; Printing House square, so called, south of Frankfort street; Park row, south of Tryon row; Broad street and Wall street. Transmission of plans, etc.; approval and consent of council; consent of local authorities ; consents of property owners; value of property, how determined ; proceedings if consent not obtained; notice of appli- cation for commissioners ; appointment thereof, etc. ; determination and report. § 5. After any determination by said board of any such route or routes and of any general plan of construction of said railway or rail- ways, the said board shall transmit to the common council of said city a copy of said plans and conclusions as adopted. Jt shall be the duty of such common council upon receiving such copy of plans and con- clusions to appoint a day not less than one week nor more than ten days after the receipt thereof for the consideration of such plans and conclusions, and the said common council shall, on the day so fixed, proceed with the consideration thereof and may continue and adjourn such consideration, from time to time, until a final vote shall be taken thereon as hereinafter provided. Within four weeks after the copy of such plans and conclusions adopted by the board of rapid transit rail- road commissioners shall have first been received by said common council, a final vote shall be taken thereon, by ayes and nays, in the form of a vote upon a resolution to approve such plans and conclu- sions, and to consent to the construction of a railway or railways in accordance therewith. Upon the adoption of such resolution* a majority vote of all the members of the common council and the approval of the mayor, and in the case of the refusal or failure of the mayor to approve such resolution, then by a two-thirds vote of all of the members of the common council, the said plans and conclusions shall be deemed to have been finally consented to and adopted, and such consent shaU be deemed to be the consent of the local authorities of such city; pro- vided, that where in' any such city the exclusive control of any street, road, highway or avenue which is to be used or occupied by any rail- way or railways constructed under the provisions of this act, is bylaw * So In the orlelnaL Eapid Tbanbit Acr. 247 vested in any local authority other than the common council of such eity, the approval of the aforesaid plans and conclusions and the con- sent to the construction of a railway thereunder shall be given by such local authority in place of and if required in addition to such approval and consent by said common council and with like effect. Upon obtaining the approval and consent of the local authorities, as above provided, the said board of rapid transit railroad commissioners shall take the necessary steps to obtain, if possible, the said consents of the property owners along the line of said route or routes. For purposes of this act the value of the property bounded on that portion of any street or highway in, upon, over or under which it is proposed to construct or operate such railway or railways, or any part thereof, shall be ascertained and determined from the assessment-roll of the city in which the said property is situated, confirmed or completed last before the local authorities shall have given their consent as above provided. If such consents of property owners can not be obtained, the said board may, in its own name, make application to the general term of the suprenje court in the judicial district in which such rail- way is to be constructed for the appointment of three commissioners to determine and report after due hearing whether such railway ought to be constructed and operated. Two weeks' notice of such application shall be given by daily publication thereof in six daily newspapers published in the city where such proposed railway is to be constructed, if there be so many newspapers published in said city, and if not then in all the daily newspapers published in said city. The newspapers in which said publication shall be made, shall be designated by the general term of the supreme court to which such application is to be made on the application of the commissioners without notice. The said general term, upon due proof of the publi- cation aforesaid, shall appoint three disinterested persons who shall act as commissioners, and such commiasioners within ten days after their appointment shall cause public notice to be given in the manner directed by the said general term, of their first sitting and may adjourn from time to time until all their business is completed. Vacancies in such commission may be filled by said general term after such notice to persons interested as the general term may deem proper, and the evidence taken before as well as after such vacancy occurred shall be deemed to be properly before such commissioners. The said commis- sioners shall determine after public hearing of all parties interested whether such railroad ought to be constructed and operated and shall report the evidence taken to said general term, together with a report 248 Eapid Transit Act. of their determination whether such road ought to be constructed and operated, which report if in favor of the construction and operation of such road shall, when confirmed by said court, be talien in lieu of the consent of the property owners above mentioned. Such report shall be made within sixty days after the appointment of said commissioners, unless the said court or a judge thereof shall extend such time. Detailed plans ; subways for pipes and wires ; work at points of subsur- face structures ; expenses, how paid. § 6. When the consents of the local authorities and the property owners, or in lieu thereof, the authorization of the said supreme court upon the report of commissioners, shall have been obtained, the board of rapid transit railroad commissioners shall at once proceed to prepare detailed plans and specifications for the construction of such rapid transit railway or railways, including all devices and appurtenances deemed by it necessary to secure the greatest efficiency, public conven- ience and safety, including plans and specifications for suitable support, turnouts, switches, sidings, connections, landing places, buildings, platforms, stairways, elevators, telegraph and signal devices and other suitable appliances incidental and requisite to what the said board may approve as the best and most efficient system of rapid transit in view of the public needs and requirements, and the said board may in its discretion include in said plans provisions for subways or tunnels for sewer, gas or water pipes, electric wires and other conductors proper to be placed under ground, whenever necessary so to do in order to permit of the proper construction of any railway herein pro- vided for in accordance with the plans and specifications of the said board. Whenever the construction of any railway, depressed way, sub- way or tunnel under the provisions of this act shall interfere with, dis- turb or endanger any sewer, water pipe, gas pipe or other duly author- ized subsurface structure, the work of construction at such points shall be conducted in the city of New York, in accordance with the reasonable requirements and under the supervision of the commis- sioner of public works, and in other cities in accordance with the rea- sonable requirements and under the supervision of the officer or local authority having the care of and the jarisdiotion or control over such subsurface structures so interfered with, disturbed or endangered. All expenses incidental to such supervision and to the work of recon- structing, readjusting and supporting any such sewer, water pipe, gas pipe or other duly authorized subsurface structure shall be borne and paid by the company constructing any such railway, depressed way, subway or tunneL Eapid Tbansit Act. 249 Public sale of franchise; notice thereof; terms and conditions; supervi- sion of 'board and engineers; deposits by bidders; nullity of bids and rights thereunder; time for beginning and finishing road; forfeiture and resale of franchise ; terms as to organization of corporation, etc. ; rejection and acceptance of bids ; terms on resales; adjournments; term of franchise; proviso as to extension. § 7. The said board after having secured the necessary consents and after having prepared such detailed plans and specifications aa are by this act provided for, shall sell at public auction in the city where said railway or railways are to be built and for the account and benefit of said city the right," privilege and franchise to con- struct, maintain and operate such railway or railways. Notice of the time and place of such sale shall be published three times a week for at least six successive weeks in at least three daily newspapers published in said city. The board may prescribe all such terms and conditions of sale as it may deem to be for the interest of the public and of the city in which the railway or railways are to be constructed. The advertisement of sale shall contain only so much of the said terms, plans and specifications for the construction as the board may think proper, but such advertisement must state at what place the full terms, plans and specifications may be examined, and they shall be subject to examination under such reasonable rules and regulations as the board may prescribe. The terms of sale shall provide for the construction of the railway or railways under the super- vision of the board, and for the approval of an engineer or engineers to be appointed from time to time by the board, and the corpora- tion or corporations to be organized for the purpose of constructing and operating such railway or railways as in this act provided shall pay sucit engineer or engineers such salary as may, from time to time, be fixed by the said board of rapid tranSit railroad commissioners. Such engineer or engineers shall hold their office at the pleasure of the said board. The terms of sale shall require the successful bidder to deposit with the comptroller or chief fiscal officer of the city, in cash or approved securities, such amount as the board may deem suffi- cient to constitute a guarantee of full compliance with the terms of sale by the purchaser and by the corporation to be formed for the pur- pose of building and operating said railway as hereinafter provided. Said bids and all rights which may have been acquired thereunder shall become null and void and of no effect, at the option of said board, should there be a failure to organize a corporation to exercise such rights, privileges and franchises as required by said terms of sale and this act, or for any violation of any of the requirements of said 2o'J Eapid Transit Act. terms of sale which should be complied with before such corporation is organizsd, and thereupon any deposit which may have been made pursuant to such terms of sale shall be paid into the treasury of such city upon a certificate being made and filed by said board with the public officer with whom such deposit shall have been made, that said bid and all rights which may have been acquired thereunder have become null and void and of no effect; and said rights, privileges and franchises shall be again sold by said board, subject to all the provi- sions of this act regulating such sales. The terms of sale shall require the construction of the road to b€f begun within a time to be specified in said terms of sale, and to be finished within a certain time there- after to be specified therein and may prescribe the time within which portions of the same shall be begun and finished. The said terms of sale may reserve to the board the power to extend the times for the commencement and completion of the construction of said railway or of portions of the same if in its discretion the said board deem such extension to be for the best interests of the city. In case the corpora- tion formed for the purpose of constructing said railway shall fail to begin or finish the construction with the the* times for those purposes respectively limited, all rights, privileges and franchises of such cor- poration to maintain and operate said railway shall be forfeited, and upon such forfeiture being adjudged by the court in a suit brought for that purpose in the name of the people, or by said board of rapid transit railroad commissioners, then the said board shall have power to advertise and resell said rights, privileges and franchises and so much of the road as shall have been constructed by such corporation; such suit shall have preference over all other cases in all courts; and the proceeds of such resale shall be appUed first to the payment of the expenses of the resale, and then to the discharge of any liens which may have been created upon such property, and the balance shall be paid over to the said corporation. The terms of sale must provide for the organization by the purchaser or purchasers of such rights, privi- leges and franchises of a corporation to exercise the same, and to con- struct, maintain and operate such rapid transit railway or railways, with the powers and subject to the duties and liabilities granted or imposed by this act. The said terms of sale must also specify the amount of the capital of any such corporation, and number of shares of capital stock which such corporation shall be authorized to issue, the percentage to be paid in cash by the subscribers on subscribing for such shares, the maximum amount of the bonded indebtedness which such corporation be authorized to incur, and which may be secured *So In the original. Rapid Transit Act. 251 by mortgage upon its property and franchises, and the maximum rates of fares and freight which such corporation may charge and collect for the carriage of persons and property. The said board may, if it considers that the public interest requires it to do so, reject all all* bids and readvertise the said rights, privileges and franchises for sale, with the same or different terms of sale, as often as it may deem necessary in the interest of such city, and shall finally accept that bid, which under all circumstances in its opinion is most advantageous to the public and such city; and no bid shall be accepted without the con- current vote of four members of the board. The terms of sale on any such resale must contain all the provisions required by this act to be inserted in the original terms of sale. Such sale may be adjourned from time to time at the discretion of the board. All sales of such rights, privileges and franchises shall be made for a definite term of years, but the expiration of the term, if sold for a term of years, shall not impair any mortgage or other lien upon the property of such cor- poration or the rights of any creditor or creditors of such corporation; provided, however, that nothing herein contained shall be so construed as to extend the term for which such rights, privileges and franchises are sold. Resale of franchise after expiration of term ; purchasers; new corpora- tion. § 8. Within one year, and not less than six months prior to the expiration of any term for which such rights, privileges and franchises shall have been sold, said board shall proceed to resell the right to maintain and operate the said railway. Such sale shall be made in the manner prescribed for the original sale, and the board is empowered to make suitable provisions for securing to the corporation then operating such railway or railways suitable compensation for the rail- road structure and appurtenances, and for any other property, real or personal, which the said corporation may own or of which it may bo vested at the expiration of the term for which such rights, privi- leges and franchises were sold. Any corporation theretofore organ- ized under the provisions of this act may be a purchaser on such resalo; but if no such corporation be the purchaser, a new corporation shall be formed to maintain and operate said road in the manner pre- scribed for the organization of a corporation on the original sale, except that the plans and specifications according to which said railway has been constructed need not be set out at large, but maybe referred to as forming part of the articles of association of said new corporation. *So In the original. 262 Eapid Tbansit Act. 0£Bices and assistance for board. § 9. The said board, by the concurrent vote of four members thereof, may reat such offices and employ such engineers, attorneys and other persons, from time to time, as it may, in its discretion, deem necessary to the proper performance by it of its duties as in this act prescribed. All actions and special proceedings which may be brought pursuant to any of the provisions of this act shall be entitled, on the application of the board of rapid transit railroad commissioners to a preference over any other business, except the actions and proceedings enumerated in sections seven hundred and eighty-nine and stven hundred and ninety of the code of civil procedure, at a term or sitting of any court of this state, irrespective of its place upon the calendar; and all actions and proceedings which may be brought by or against any commission or corporation created by or acting under a power or privilege granted under the provisions i f this act shall have a like preference on the application of said com- mision or corporation. {An amended by L. 1892, ch. 556.) Appropriations for board; proceeding's upon failure to appropriate amount ; liability of city ; audit and payment of expenditures ; revenue bonds, issue of, etc. ; repayment of expenses ; compensation of commissioners ; stated in terms of sale. § 10. The board of estimate and apportionment, or other board or public body on which is imposed the duty and in which is vested the power of making appropriations of public moneys for the purposes of the cily government in any city in which it is proposed to construct such railway or railways, shall, from lime to time, on requisition duly made by the board of rapid transit railroad commissioners, appropriate such sum or sums of money as may be requisite and necessary to properly enable it to do and perform or cause to be d ne and per- formed, the duties herein prescribed. And such appropriatioDS shall be made forthwith upon presentation of a requisition from the board of rapid transit railroad commissioners, which shall state the purposes for which such moneys are required by the said board. In case the said board of estimate and apportionment or such other board or public body fail to appropriate such amount as the board of rapid transit railroad commissioners deem requisite and necessary, the said board of rapid transit railroad commissioners may apply to the general term of the supreme court, in the department in which the railway is to be or has been constructed, on notice to the board of estimate and apportionment or such other board or public body aforesail, to determine what amount shall be appropriated for the purposes required by this section, and the decision of said general term shall be final and concluBive. And no city shall be liable for any indebted- Eapid Transit Act. 253 ness incurred by the said board of rapid transit railroad commis- sioners in excess of such appropriation or appropriations. It shall be the duty of the auditor and comptroller of any such city, after such appropriations shall have been duly made, to audit and pay the proper expenditures of said commissioners upon vouchers therefor, to be furnished by the said commissioners, which payments shall be made in like manner as payments are now made by the auditor, comptroller or other public officers of claims against and demands upon such city; and for the purpose of providing funds with which to pay the said sums, the comptroller of said city is hereby authorized and directed to issue and sell revenue bonds of such city in anticipation of receipt of taxes, and out of the proceeds of such bonds to make the payments in this section required to be made. And the amount necessary to pay the principal and interest of such bonds shall be included in the estimates of moneys necessary to be raised by taxation to carry on the business of said city, and shall be made a part of the tax levy for the year next following the year in which such appropriations are made All expenses of the said board of rapid transit railroad commissioners so incurred and paid by any city as in this section provided, and for which any city shall be liable, shall be repaid with interest by the bidder or bidders at the public sale of the rights, privileges and franchises as in this act provided whose bid shall be accepted by the board of rapid transit railroad commissioners, and the terms of such sale shall specify the time when such payment shall be made, as wtU as the amount thereof. The commissioners shall be paid a reasonable compensation for the duties performed by them in relation to each railway located by them under the provisions of this act. The amount of such compensation shall be determined by the general term of the supreme court in the department in which the railway is to be located upon application by the board of rapid transit railroad commissioners, after notice to the mayor of the city in which the railway is to be built. The amount of such compensation shall be stated in the terms of sale, and shall be paid by the purchaser. Corporations, how organized; articles of association; approval and filing thereof; subscriptions to stock; meeting of subscribers; pre- ference in subscriptions, etc. § 11. A corporation or corporations to construct and operate such rapid transit railway or railways, and to enjoy and exercise the rights, privileges and franchises in this act provided for shall be created and organized in the manner following: Articles of asbociatipn shall be duly signed and acknowledged by not less than twenty-five persons, and such articles shall set forth the name of the proposed corpora- tion and duration thereof. Said articles must also state that they 254 Eapid Transit Act. are made and filed under and in pursuance of this act for tlie purpose of taking and- exercising the rights, privileges and franchises so purchased as aforesaid, according to the terms of sale; and such terms of sale and all plans and specifications must be made a part of said articles, annexed thereto and filed there- with. The said articles must also contain such other provisions as the said board may deem requisite and necessary, not incon- sistent with the terms of sale or with this act. The said articles must be approved by said board, by the concurrent vote of four mem- bers, and its approval must be indorsed thereon and attested by the seal of the board and the signature of its presiding ofiicer, and must then be filed in the office of the secretary of state, and a duly certified copy, or a duplicate thereof, must be filed in the office of the clerk of the county in which such railway or railways are to be constructed. Immediately after the articles of association shall have been so made, approved and filed, the board of rapid transit railroad commissioners shall cause books of subscription to the capital stock of any such corporation to be opened, and shall give public notice of the opening of such books and of the time and place at which subscrip- tions will be received; and when the full amount of such capital stock shall have been subscribed by not less than fifty persons, and such percentage of the amount subscribed as may have been fixed by the board in the terms of sale shall have been paid in, in cash, to such bank or trust company as the board may select, the said board shall call a meeting of the subscribers for the purpose of organizing the corpora- tion, serving upon or mailing to each subscriber a notice of such meeting at least ten days before the time appointed for holding the same; and the person or persons whose bid shall have been accepted by the said board of rapid transit railroad commissioners shall, if they elect to become subscribers to the capital stock of such corporation, be entitled to a preference for themselves and their associates in sub- scribing for, and in the allotment of the shares of capital stock of such corporation. Election of first directors ; by-laws to be adopted. § 12. At such meeting of subscribers thirteen directors of the cor- poration shall be elected, each of whom shall be a holder in his own right of at least one hundred sharesof the capital stock of the cor- poration, and the board of rapid transit railroad commissioners shall appoint the the* inspectors of the first election. Each share of stock shall entitle the holder to one vote for each director. The directors so selected shall hold office for one year and until others are elected * So In the otlelnal. Eapid Tbansit Act. 255 in their places. At such meeting by-laws must be adopted not incon- sistent with this act, which by-laws shall, among other things, provide for: 1. The term of office of the directors elected at any subsequent meeting of stockholders, which term shall not exceed one year. 2. The manner of filling any vacancy which may occur in any office or in the board of directors. 3. The time and place of the annual meeting of stockholders. 4 The manner of calling and holding special meetings of stockholders. 5. The number of stockholders who will attend either in person or by proxy, at any stockholders' meeting in order to constitute a quorum* 6. The officers of the corporation, the manner of their election by the directors, and their duties and powers, and among which officers there shall be included a president, a secretary and a treasurer. 7. The manner of electing or appointing inspectors of election. 8. The manner of amending the by-laws. The by-laws may also provide for the forfeiture of shares for the non-payment of calls alid for such other matters as may be deemed proper by the board of rapid transit railroad commissioners and they must be approved by a resolution of said board. Becord of proceeding's ; certificate of organization ; record and certificate to be filed ; payment of deposit to corporation ; repayment to pur- chaser of franchise. § 13. Within ten days after the said subscribers' meeting a record of the proceedings thereof, conlaining a copy of the subscription list, a copy of the by-laws adopted, and the names of the directors chosen, shall be prepared and duly certified by the person presiding over, and person acting as secretary of said meeting. There shall be attached thereto a certificate of the board of rapid transit railroad commis- sioners, attested by its seal and the signature of its presiding officer, that said board has approved the by-laws adopted at the subscribers' meeting, and that said corporation has been organized in accordance with the provisions of this act. The said record and certificate shall be filed by said board in the office of the secretary of state, and a duly certified copy or duplicate thereof shall be filed in the office of the clerk of the county in which said railway or railways are to be built, and thereupon and upon the payment to the state treasurer of a tax of one-eighth of one per centum of the par value of the capital stock of said corporation, such corporation shall be deemed to be fully organized. A copy of said certificate, duly certified by the secretary of state, or by the county clerk in whose office it is filed, shall be pre- sumptive evidence of the due organization of such corporation in all 256 Eapid Transit Act. courts and proceedings. Upon the production of the certified copy of said certificate, and upon the order of such corporation, the bank or trust company in which the percentage of subscriptions to the capital stock shall have been deposited, shall pay over to any such corpora- tion the amount of such deposit, and said corporation shall repay to the purchaser or purchasers at the sale provided for in section seven of this act, the expenses paid by him or them to the city pursuant to the provisions of the terms of sale, with interest to the date of such repayment. IVIodiflcation of plans, etc. ; certificate thereof; filing of certificate and modified plan. § 14. The said board of rapid transit railroad commissioners, if, in their judgment, the public interest requires, may, at any time after the full organization of any such corporation, by the concurrent vote of four members, authorize such corporation to alter or add to the detailed plans and specifications contained in its articles of association provided the plans and specification as so modified do not change the route or routes of said railway and be not inconsistent with the general plan of construction, adopted under the provisions of section four of this act, and provided also such modifications be first approved by a vote of two-thirds of the directors of said corporation present and voting at any special meeting duly called for the purpose, by written notice stating the nature of the business to be transacted at said meeting. When such authorization by the board of rapid transit railroad commissioners shall have been given, a certificate shall be prepared, and acknowledged by the president and a majority of the directors of said corporation, stating the nature of the modification, and that the same has been approved by the board of directois in the manner above set forth, to which certificate there shall be attached a copy of so much of the original plans and specifications as are to be affected by the modification, and also the plans and specifications as modified. There shall also be contained in such certificate a declara- tion of the approval of said board of rapid transit railroad com- missioners, attested in the same manner as the certificate of full organization. The said certificate, plans and specifications shall then be filed in the office of the secretary of state, and a certified copy or duplicate thereof shall be filed in the office of the clerk in which the articles of association are filed. And thereupon said corporation shall be authorized to construct its railway or railways and appurtenances in accordance with such modified plans and specifications. Principal office and place of taxation. § 15. Every corporation organized under this act shall have its principal office and be taxed on its property in the city where its Eapid Transit Act. 257 railway or railways are situated. But no taxes of any kind or nature shall be levied or imposed upon that portion of any railway con- structed under this act which is in process of construction, and not in actual operation for the transportation of passengers or freight, but this exemption from taxation during construction shall not apply to any portion or portions of said railway after the date on which said portion or portions shall have been opened to the public for the trans- portation of passengers or freight. {As amended by L. 1892, ch. 556.) Board of directors; vacancies and qualifications; exhibition of booksi § 16. The affairs of said corporation shall be managed by a board of thirteen directors, who shall be chosen annually, by a majority of the votes of the stockholders voting at such election, in such manner as may be prescribed in the by-laws of the corporation, and they may and shall continue to be directors until others are elected in their places. In the election of directors, each stockholder shall be entitled to one vote for each share of stock held by him. Vacancies in the board of directors shall be filled in such manner as shall be prescribed by the by-laws of the corporation. No person shall be a director unless he shall be a stockholder owning one hundred shares of stock absolutely in his own right, and qualified to vote for directors at the elefction at which he shall be chosen. At every election of directors the books and papers of such corporation shall be exhibited to the meeting, provided a majority of the stockholders present shall require it. Payment of subscription to stock. § 17. The directors shall require the subscribers to the capital stock of the company to pay the amount by them respectively subscribed in money at such times and in such installments as they may deem proper, not inconsistent with the by-laws and articles of association. Personal liability of stockholders; notice and commencement of action ; recovery by stockholder. § 18. Each stockholder of any corporation formed under this act shall be individually liable to the creditors of such corporation, to an amount equal to the amount unpaid on the stock held by them, for all the debts and liabilities of such corporation, until the whole amount of the capital stock so held by him shall have been paid to the corpo- ration; and all the stockholders of any such corporation, shall be jointly and severally liable for the debts due or owing to any of its laborers and servants, other than contractors, for personal services, for thirty days' service performed for such corporation, but shall not 33 258 Eapid Tbansit Act. be liable to an action therefor before an execution or executions shall be returned unsatisfied in whole or in part against the corporation, and the amount due on such execution or executions shall be the amount recoverable, with costs, against such stockholders; before such laborer or servant shall charge such stockholder for such thirty days' service, he shall give him notice in writing within twenty days after the performance of such service, that he intends so to hold him liable, and he shall commence such action therefor within thirty days after the return of such execution unsatisfied, as above mentioned; and every such stockholder against whom any such recovery by such laborer or servant shall have been had, shall have a right to recover the same of the other stockholders in said corporation, in ratable pro- portion to the amount of the stock they shall respectively hold. Transfer of stock. 5^ 1.1. The stock of every corporation formed under this act shall be deemed personal estate, and shall be transferable in the manner pre- scribed by the by-laws of the company, but no share shall be trans- ferable until all previous calls thereon shall have Ijeen fully paid in. Increase or reduction of capital ; notice to stockholders ; statement to be made and filed. § 20. Any corporation formed under this act may increase or reduce its capital stock from time to time upon obtaining the approval of the board of rapid transit railroad commissioners by a concurrent vote of four members thereof. Such increase or reduction must be approved by a vote in person, or by proxy, of two-thirds in amount of all the stockholders of the corporation, at a meeting of such stockholders called by the directors of the corporation for that purpose, by a notice in writing to each stockholder, to be served on him in the manner provided for service of the notice of the subscribers' meetings provided for in section eleven of this act. Such notice shall state the time and place of the meeting, and its object, and the amount to which it is proposed to increase or reduce the capital stock. A statement of the increase or reduction shall be signed by the president and a majority of the directors and shall be filed in the office of the secretary of state and of the clerk of the county in which the original articles of asso- ciation are filed. There must be attached thereto a certificate of the approval of said board of rapid transit railroad commissioners attested iji the same manner as the certificate of full organization. Liability of certain bolders of stock. § 21. No person holding stock in any such corporation, as executor, administrator, guardian or trustee, and no person holding such stock as collateral security, shall be personally subject to any liability as a Eapid Tbansit Act. 259 stockholder of such corporation; but the person pledging such stock shall be considered as holding the same, and shall be liable as a stock- holder accordingly; and the estate and funds in the hands of such executor, administrator, guardian or trustee shall be liable in like manner, and to the same extent, as the testator or intestate or the ward or person interested in such trust fund would have been if be had been living and competent to act, and held the same stock in his own name. Liability of corporation to employe ; of contractors ; notice to be given ; actions wben commenced. § 22. As often as any contractor for the constructioii of any part of a railway, which is in progress of construction under the provisions of this act, shall be indebted to any laborer for thirty or any less number of days' labor performed in constructing said road, such laborer may give notice of such indebtedness to said corporation in the manner herein provided; and said corporation shall thereupon become liable to pay such laborer the amount so due him for such labor, and an action may be maintained against said corporation therefor. Such notice shall be given by said laborer to said corporation within twenty days after the performance of the number of days' labor for which the claim is made. Such notice shall be in writing, and shall state the amount and number of days' labor, and the time when the same was performed and the name of the contractor from whom due, and shall be signed by such laborer or his attorney, and shall be served on an engineer, agent or superintendent employed by such corporation having charge of the section of the road on which such labor was per- formed personally, or by leaving the same at the office or usual place of business of such engineer, agent or superintendent with some per- son of suitable age. But no action shall be maintained against any corporation under the provisions of this section, unless the same be commenced within thirty days after notice is given to such company by such laborer as above provided. Real estate ; proceedings to acquire title. § 23. Every such corporation shall have the right to acquire and hold such real estate or easement or other interest therein, or rights appertaining thereto, as may be necessary to enable it to construct, maintain and operate the said railway, or railways, and such as may be- necessary for stations, depot, engine-house, car-houses, machine-shops and other appurtenances specified in the articles of association; and in ease any such corporation can not agree with the owner or owners of such property it shall have the right to acquire title to the same in 260 Eapid Tbansit Act. pursuance of the terms of and in the manner prescribed in title one of chapter twenty-three of the Code of Civil Procedure, known as the condemnation law. Corporate powers ; voluntary grants ; purcliase of property; may cross and unite with other roads; compensation; transportation of per- sons and property ; entry upon streets, etc. ; construction and main- tenance of road; excavations ; parks and streets, use or occupancy of; right to borrow money and issue bonds. § 24. Every corporation formed under this act shall have power: 1. To take and hold such voluntary grants of real estate and other property as shall be made to it, to aid in the construction, mainte- nance and accommodation of its railway or railways, but the real estate received by voluntary grant shall be held and used for the purposes of such grant only. 2. To purchase, lease, hold and use all such real estate and other prop- erty as may be necessary for the construction and maintenance of its railways or railways and the stations and other accommodations neces- sary 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 twelve, eighteen hundred and thirty-six. 3. to cross, intersect, join and unite its railway or railways with any other railway at any point on its route, and upon the grounds of such other railway cqpapany, with the necessary turnouts, sidings and switches and other conveniences in furtherance of the objects of its connections. And every corporation whose railway is or shall be hereafter intersected by any new railway shall unite with the owners of such new railway in forming such intersections and connections, and grant the facilities aforesaid; and if the two corporations can not agree upon the amount of compensation to be made therefor, the same shall be ascertained and determined by commissioners to be appointed by the court, in the manner provided in this act in respect to acquiring title to real estate. And if the two corporations can not agree upon the points and manner of such crossings and connections the board of rapid transit commissioners shall determine the same on the application of either corporation. 4. To take and convey persons and property on its railway or rail- ways by the power or force of steam, or by any motor other than animal power, and to receive compensation therefor not inconsistent with the provisions of this act and the terms of sale under which the said corporation shall have acquired its rights, privileges and franchises. Rapid Transit Aot. 261 5. To enter upon and underneath the several streets, avenues, public places and lands designated by the said board of rapid transit rail- road commissioners, and enter into and upon the soil of the same; to construct, maintain, operate and use, in accordance with the plan adopted by said board, a railway or railways upon the route or routes and to the points decided upon, and to secure the necessary founda- tions and erect the columns, piers and other structures which may be required to secure safety and stability in the construction and main- tenance of the railways constructed upon the plan adopted by the said board and which may be necessary for operating the same; Except that nothing in this act shall authorize the construction of a railway crossing the track of any steam railway in actual operation at the grade thereof, and it shall be lawful to make such excavations and openings along the route through which such railway or rail- ways shall be constructed as shall be necessary from time to time; in all cases the surface of said streets around such foundations, piers and columns shall be restored to the condition in which they were before such excavations were made, as near as may be and under the direction of the proper local authorities; and in all cases the use of the streets, avenues, places and lands designated by the said board, and the right of way through the same, for the purpose of a railway or railways as herein authorized and provided, shall be considered, and is hereby declared to be a public use, consistent with the uses for which the roads, streets, avenues and public places are publicly held; but no such corporation shall have the right to acquire the use or occupancy of public parks or squares in such county, or the use or occupancy of any of the streets or avenues, except such as may have been designated for the route or routes of such railway, and except such temporary privileges as the proper authorities may grant to such corporation to facilitate such construction. 6. 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 such purposes; but the amount of such bonds outstanding at any one time shall not exceed the amount limited by the articles of association. {As amended by L. 1892, ch. 556.) Employes to wear badges. § 25. 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 letter of the style of the corporation by which he is employed. No conductor or collector 262 Eapid Transit Act. without Buch badge, shall be entitled to demand or receive from any passenger any fare or ticket, or to exercise any of the powers of his ofSce; and no officer or servant without such badge shall have author- ity to meddle or interfere with any passenger, his baggage or property. Carrying of mails ; extra trains therefor. § 26. Any such corporation shall, when applied to by the post- master-general, convey the mails of the United States on their road or roads respectively; and in case the parties can not agree as to the rate of transportation therefor, and as to the time, rate of speed, manner and conditions of carrying the same, it shall be lawful for the governor of this state to appoint three commissioners, who, or a major- ity of them, after fifteen days' notice in writing of the time and place of meeting to the corporation, shall determine and fix the prices, terms and conditions aforesaid; but such price shall not be less for carrying said mails in the regular passenger trains than the amount which such corporation would receive as freight on a like weight of merchandise transported in their merchandise trains, and a fair com- pensation for the post-office car. And in case the postmaster-general shall require the mail to be carried at other hours, or at a higher speed than the passenger trains are run, 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 service to be fixed as aforesaid. I^'ection of passengers from cars. § 27. If any passenger shall refuse to pay his fare, it shall be law- ful for the conductor of the train and the servants of the corporation to put him and his baggage out of the cars, using no unnecessary force, at any usual stopping place, on stopping the train. Running of cars and conveyance of freight and pas- sengers. § 28 Every such corporation shall start and run its cars for the transportation of passengers and property at regular times, to be fixed by public notice; and shall furnish sufficient accommodations for the transportation of all such passengers and property as shall, within a reasonable time previous thereto, be offered for transportation at the place of starting and the junction of other railroads, and at usual stopping places established for receiving and discharging way pas- sengers and freight for that train; and shall take, transport, and dis- charge such passengers and property at, from and to such places, on Eapid Transit Aor. 263 the due payment of the freight or fare legally authorized therefor, and shall be liable to the party aggrieved in an action for damages, for any neglect or refusal in the premises. Intoxication of employes. § 29. If any person shall, while in charge of a locomotive engine running upon the railway of any such corporation, or while acting as the conductor of a car or train of cars on any such rsdlroad, be intoxicated, he shall be deemed guilty of a misdemeanor. Willful injury to property. § 30. If any person or persons shall willfully do, or cause to be done, any act or acts whatever, whereby any building, construction or work of any railway corporation, or any engine, machine or struc- ture, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person or persons so offending shall be guilty of a misdemeanor, and shall for- feit and pay to the said corporation treble the amount of damages sustained in consequence of such offense. Dissolution by legislature. § 31. The legislature may, at any time, annul or dissolve any cor- poration formed under this act; but such dissolution shall not take away or impair any remedy given against any such corporations, its stockholders or officers, for any liability which shall have been pre- viously incurred. Power to &X. connecting routes and extend lines; addi- tional tracks and facilties; plans, compensation, etc.; certificate by board ; delivery and filing thereof ; powers conferred thereupon ; right to construct ; con- sent of property owners and local authorities. § 32. The said board of rapid transit railroad commissioners may also from time to time, upon application of any railway corporation owning or actually operating a railroad wholly or in part within the limits of any city in which the said board has power to act, if in the judgment of said board the public interests so demand, by the concurrent vote of all the members of said board fix and determine the route or routes by which any such railway company may connect with other steam railways, or the stations thereof, or with steam ferries, or may extend its lines within said city and may authorize any such railway company to lay an additional track or tracks on, above, under or con- tiguous to a portion or the whole of the route or routes of its railway 264 Eapid Transit Act. or railvvays within said city and to acquire terminal or other facilities necessary for the accommodation of the traveling public on any street or place except the place now known as Battery park on which said railway shall be located; and the said board shall fix and determine the locations and plans cf construction of the railways upon such route or routes and cf such tracks and facilities, the times within which they shall be respectively constructed, the compensation to be made therefor to the city by said railway company, and such other terms, conditions and requirements as to the said board may appear just and proper. A certificate shall be prepared by the said board, attested by its seal and the signatureo of its presiding officer, setting forth in detail the action taken by the said board with respect to such connecting or extended route or routes and such tracks and facilities, and the terms, conditions and requirements aforesaid. Such certifi- cates shall be delivered to said railway corporation upon the receipt by said board of a written acceptance of said terms, conditions and requirements, duly executed by said railway corporation, so a^s to entitle it to be recorded. The said certificate shall be filed in the office of the secretary of state, and a duly certified copy thereof shall be filed in the office of the clerk of the county in which the railways of said railway corporation are situated, and thereupon, and upon fulfillment by such railway corporation, so far as it relates to such connections, additional track or tracks, or facilities, of such of the requirements and conditions as are necessary to be fulfilled in such oases, under section eighteen of article three of the constitution of this state, and upon fulfillment by such railway corporation of such other terms, conditions and requirements enumerated in said certifi- cate, as the said board may require to be fulfilled as a condition pre- cedent to commencing said work, said railway company shall in such cases possess in addition to existing franchises all the powers con- ferred by this act upon corporations specially formed thereunder, with respect to its railways authorized to be constructed as aforesaid, and when any route or routes, additional track or tracks, or terminal or other facilities, shall be so fixed and determined, and a certificate as aforesaid shall have been duly filed, such railway company may con- struct the same with all the rights, and with like effect as though the same had been a part of the original route of its railway then in actual operation. But the construction and operation of such connections, extensions, additional track or tracks, or facilities, are hereby author- ized only upon the condition that the consent of the owners of one- half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or high- Eapid Tbansit Act. 265 ■way upon, above or under which it ia proposed to construct or operate the same, be first obtained, or in case the consent of such property owners can not be obtained, the general term of the supreme court in the district in which they are proposed to be constructed, may, upon application, in the same manner and on the same notice specified in section five of this act, appoint three commissioners, who shall determine after a hearing of all parties interested, whether the same ought to be constructed or operated, and their determination, con- firmed by the court, may be taken in lieu of the consent of the prop- erty owners. Removal of horse rail-way tracks ; costs and charges. § 33. "Wherever the route selected by the said board of rapid transit railroad commissioners for the construction of such railway shall intersect, cross or coincide with any railway track or tracks occupying the surface of any street or avenues, any corporation organized under this act is hereby authorized, for the purpose of constructing the said work, to remove the track or tracks of any such surface railway or railways, but the same shall be done in such manner as to interfere as little as possible with the practical operation or workings of such sur- face railway or railways, and upon the construction of such railway built under and in conformity with the provisions of this act, where such removals or changes have been made, the same shall be restored, as nearly as may be, to the condition in which they were previous to the construction of any such railway buUt under the provisions of this act, and any damage which such company or companies may sustain, shall be ascertained by a commission to be appointed the same as in the case where lands are taken for the purposes of a railway route or routes as hereinbefore provided in this act. All such removals and restorations shall be made at the proper cost and charge of such cor- poration as may have entered upon the occupancy of such street or streets. Nothing contained in this act shall authorize any corporation formed thereunder to use the tracks of any horse railway. . Construction of act. § 34. This act shall not be construed to repeal or in any manner affect chapter six hundred and six of the laws of eighteen hundred and seventy-five, entitled "An act to further provide for the construc- tion and operation of a steam railway or railways in the counties of this state," or the acts amendatory thereof or supplementary thereto, or article five of chapter five hundred and sixty-five of the laws of eighteen hundred and ninety, known as the railroad law, except so far 266 Eapid Transit Aot. as the said acts, or either of them, would if this act had not been passed, authorize the appointment hereafter of any commissioners applied for as provided in section one of said act of eighteen hundred and seventy- five, or in section one hundred and twenty of said act of eighteen hundred and ninety, in any city or cities containing a popu- lation of over one million inhabitants, according to the last preceding national or state census or authorize any commissioners already appointed pursuant to the provisions of such act or acts in any such city or cities, to fix, determine or locate any new route or routes, pur- suant to the provisions of either of said acts. This act shall not be construed in any manner to affect the exercise or enjoyment at any time, and from time to time hereafter, of any right or rights hereto- fore acquired, exercised or enjoyed by any corporation heretofore duly incorporated and organized or deriving powers and rights under the laws of this state. This act shall not affect or impair the exercise or enjoyment of any right or rights now possessed or heretofore acquired or heretofore authorized to be acquired, exercised or enjoyed by any street surface railroad corporation, except as herein otherwise expressly provided, and this act shall not be construed to repeal or in any man- ner affect chapter one hun.dred and forty of the laws of eighteen hundred and fifty, entitled "An act to authorize the formation of rail- road corporations, and to regulate the same," or either of the several acts amendatory thereof or supplementary thereto. This act shall not be construed to repeal or in any manner affect chapter five hun- dred and sixty-five of the laws of eighteen hundred and ninety, known as the railroad law, except hereinabove expressly provided, or except so far as the provisions of the same conflict with the provisions of this act. No surface roads under act. § 35. No railroad shall be constructed or operated upon the surface of any street, avenue or highway in the city of New York under the provisions or authority of this aot. Repeal. § 36. All acts and parts of acts local or general inconsistent with this act are hereby repealed. § 37. This act shall take effect immediately. § 38. The board of directors of any company incorporated for the purpose of constructing, maintaining or operating a bridge or bridges connecting a city of more than one million inhabitants with any other city in this state, and by the act of incorporation of which authority Rapid Transit Act. 267 shall have been conferred or intended to be conferred, to construct maintain or operate, as a part of or in connection with its bridge, an approach or approaches thereto extending generally in an easterly and westerly direction, may determine in lieu of constructing such approach or approaches, to build, maintain and operate an elevated railway, the route of which shall be coincident with the route of such approach or approaches as defined in said act, and shall adopt a gen- eral plan for the construction thereof, and which shall show the general mode of operation, and contain such details as to manner of construc- tion as may be necessary to show the extent to which any street, ave- nue, or other public place is to be encroached upon and the property abutting thereon affected, a copy of which plan shall be transmitted to the common council of the city in which the same is to be located. Such proceedings shall thereupon be had by such common council as are provided by section five of this act, as though such plans had been transmitted by the rapid transit commissioners as contemplated in said section. Provided, that where in any such city the exclusive control of any street, route, highway or avenue, which is to be occupied by any railway or railways constructed under the provisions of this section is by law vested in any local authority other than the common council of such city, the approval of the aforesaid plans, and consent to the con- struction of a railway thereunder shall be given by such local author- ity in place of, and if required in addition to such approval and consent by such common council, and with like effect. Upon obtaining the approval and consent of the local authorities as in said section provided, the said board of directors shall take the necessary steps to obtain, if possible, the consent of the property owners along the line of the said route or routes, and all proceedings in respect of such consents or when such consents can not be obtained shall be similar in all respects to the proceedings in said section provided. Any consent of the local authorities to construct or operate such railway shall be given only upon the condition that the rate of fare upon such elevated railway shall not exceed five cents for each passenger, and that payment of such fare shall entitle each passenger to or from said elevated rail- road to free transit across the bridge or bridges with which it is intended to connect the same. When the consents of the local author- ities and the property owners, or in lieu thereof, the authorization of the supreme court upon the report of the commissioners shall have been obtained, and the said company shall have accepted such condi- tion it shall have all the powers of corporations formed under this act, it shall be authorized to build, construct, maintain and operate silch elevated railway or railways, but all provisions of this act, or of any 268 Eapid Transit Act. act requiring the sale of the right, privilege and franchise of construct- ing, maintaining and operating such railway or railways, or requiring a corporation or corporations to be organized for the purpose of acquir- ing such right, privilege and franchise, and aU other provisions of this act or of any act inconsistent with this section, are hereby declared inapplicable to such elevated railway and to such company. The entire route of any elevated railway constructed under the provision of this section shall not exceed three miles in length, nor shall any part of said railway except at the termini thereof be less than sixteen feet above any street, avenue or public place, or less than fourteen feet above any existing elevated railway which may be crossed, intervened or intersected thereby. The said railway may be located and con- structed so as to cross any intersecting street, avenue, highway or place otherwise exempted, except that no public part shall be occupied or crossed thereby, the structure of such elevated railway shall be liable to taxation as provided by law for similar structures. {As added by ch. 102 of the Laws of 1892.) INTERSTATE COMMERCE ACTo Approved Febbuaky 4, 1887, and as amended by Act approved March 2, 1689. Carriers and transportation subject to the act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this act shall apply to any common carrier or carriers engaged in the trans- portation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory cf the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the .transportation in like manner of prop- erty shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adiacent foreign country: Provided, however. That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid. What the terms "railroad" and "transportation" include. The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage. 270 Inteestate Commbbce Act. Charges to be reasonable. All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreas- onable charge for such service is prohibited and declared to be unlawful. Unjust discrimination forbidden. § 2. That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, sub- ject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and con- ditions, such common carrier shall be deemed guilty of unjust dis- crimination, which is hereby prohibited and declared to be unlawful. Undue or ujireasonable pl>eference or advantage forbidden. § 3. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable prefer- ence or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect what- soever, or to subject any particular person, company, firm, corpora- tion, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. Facilities for interchange of traf&c. Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper, and ( qual facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting, lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business. Inteestate Commeece Act. 271 Long and short haul provision. § 4. That it shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier within the terms of this act to charge'and receive as great compensation fox a shorter as for a longer distance: Provided, however, that upon application to the Commission appointed under the provisions of thiij act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportaion of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act. Pooling of freights and division of earnings forbidden. § 5. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement, or combi- nation with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads or any portion thereof; and in any case of an agreement for the pool- ing of freight as aforesaid, each day of its continuance shall be deemed a separate offense. Printing and posting of schedules of rates, fares, and charges. § 6. {As amended.) That every common carrier subject to the pro- visions of this act shall print and keep open to public inspection schedules showing the rates and fares and charges for the transpor: tation of passengers and property which any such common carrier has established and which are in force at the time upon its route. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect or determine any part or the aggregate of such aforesaid rates and fares 272 Intebstate Commeeoe Act. and charges. Such schedules shall be plainly printed in large type, and copies for the use of the pubUo shall be posted in two public and conspicuous places, in every depot, station, or office of such carrier where passengers or freight, respectively, are received, for transpor- tation, in such form that they shall be accessible to the public and can be conveniently inspected. Printing and posting of schedules of rates on freight carried through a foreign country. Any common carrier subject to the provisions of this act receiving freight in the United States to be carried through a foreign country to any place in the United States shall also in like manner print and keep open to public inspection, at every depot or office where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States, the through rate on which shall not have been made public as required by this act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign produc- tion; and any law in conflict with this section is hereby repealed. Ten days' public notice of advance in rates to be given ; three days' public notice of reduction in rates to be given. No advance shall be made in the rates, fares and charges which have been established and published as aforesaid by any common car- rier in compliance with the requirements of this section, except after ten days public notice, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. Eeductions in such published rates, fares, or charges shall only be made after three days previous public notice, to be given in the same manner that notice of an advance in rates must be given. Published rates not to be deviated from. And when any such common carrier shall have established and pub- lished its rates, fares, and charges in compliance with the provisions Interstate Oommeece Act. 273 of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force. Copies of schedules of rates, fares and charges to be filed with Commission; copies of contracts and agreements to be filed vritla. Commission; joint tariffs to be filed with Commission; power of Commission to prescribe publicity. Every common carrier subject to the provisions of this act shall file with the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and pub- lished in compliance with the requirements of this section, and shall promptly notify said Commission of all chan ges made in the same. Every such common carrier shall also file with said Commission copies of all contracts, agreements, or arrangements, with other common carriers in relation to any traffic effected by the previsions of this act to which it may be a party. And in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said Commission. Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers vrhen directed by said Commis- sion, in so far as may, in the judgment of the Commission, be deemed practicable; and said Commission shall from time to time prescribe the measure of publicity which shall be given to such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published. Ten days' notice to Commission of advance in joint rates, fares and charges; three days' notice to Com- mission of reduction in joint rates, fares and charges; power of Commission to make advances or reductions public. No advance shall be made in joint rates, fares, and charges, shown upon joint tariffs, except after ten days' notice to the Commission, 35 274 IjifTEBSTATE COMMEBCE ACT. which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares or charges will go into effect. No reduction shall be made in joint rates, fares and charges, except after three days' notice, to be given to the Commission as is above provided in the case of an advance of joint rates. The Commission may make public such proposed advances, or such reductions, in such manner as may, in its ' judgment, be deemed practicable, and may prescribe from time to time the measure of publicity which common carriers shall give to advances or reductions in joint tariffs. Joint rates, fares and charges not to be deviated from. It shall be unlawful for any common carrier, party to any joint tariff, to charge, demand, collect or receive from any person or persons a greater or less compensation for the transportation of persons or property, or for any services in connection therewith, between any points as to which a joint rate, fare or charge is named thereon than is specified in the schedule filed with the Commission in force at the time. Commission may prescribe forms of schedules of rates, fares and charges. The Commission may determine and prescribe the form in which the schedules required by this section to be kept open to public inspection shall be prepared and arranged, and may change the form from time to time as shall be found expedient. Penalties for neglecting or refusing to file or publish rates, fares and charges. If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares and charges as provided in this section, or any part of the same, such common carrier shall, in addition to other penalties, herein prescribed, be subject to a writ of mandamus, to be issued by any circuit court of the United States in the judicial district wherein the principal office of said common carrier is situated, or wherein such offense may be com- mitted, and if such common carrier be a foreign corporation in the judicial circuit wherein such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section; and such writ shaU issue in the Intebstate Commekoe Act. 275 name of the people of the United States at the relation of the Com- missioners appointed under the provisions of this act; and the failure to comply with its requirements shall be punishable as and for a con- tempt; and the said Commissioners, as complainants, may also apply, in any such circuit court of the United States, for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property among the several States and ter- ritories of the United States, or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several States and territories of the United States, as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section ol this act. Continuous carriage of freights not to be unnecessarily- interrupted. § 7. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract or agree- ment, expressed or implied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, stop- page, or interruption was made in good faith for some necessary pur- pose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this act. Liability of common carriers for damages. § 8. That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing in this act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act, together with a reason- able counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. 276 Iktebstate Commeecs Act. Persons claiming to be damaged may complain to Com- mission or bring suit in United States courts; officers, etc., of defendant may be compelled to testify. § 9. That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their ovyn behalf for the recovery of the damages for v^hich such common carrier may be liable under the provisions of this act, in any district or circuit court of the United States of com- petent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they ■will adopt. In any such action brought for the recovery of damages the court before which the same shall be pending may compel any director, oflScer, receiver, trustee, or agent of the corpo- ration or company defendant in such suit to attend, appear, and testify in such case, and may compel the production of the books and papers of such corporation or company party to any such suit; the claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testi- fying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. Penalties for violations of act by carriers, their officers or agents; fine and imprisonment. § 10. (As amended.) That any common carrier subject to the pro- visions of this act, or, whenever such common carrier is a corporation any director or officer thereof, or any receiver, trustee, lessee, agent, or person, acting for or employed by such corporation, who, alone or with any other corporation, company, person or party, shall willfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter or thing so directed or required by this act to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and, shall, upon conviction thereof in any district court of the United States within the jurisdiction of which BQch offense was committed, be subject to a fine of not to exceed five Intebstatb Commeeoe Act. 277 thousand dollars for each ofEense: Prcmded, that if the offense for which any person shall be convicted as aforesaid shall be an unlawful discrimination in rates, fares, or charges, for the transportation of passengers or property, such person shall, in addition to the fine here- inbefore provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and imprison- ment, in the discretion of the court. Penalties for false billing, etc., by carriers, their officers or agents; fine and imprisonment. Any common carrier subject to the provisions of this act or, whenever such common carrier is a corporation, any officer or agent thereof, or any person acting for or employed by such corporation, who by means of false billing, false classification, false weighing, or false report of weight, or by any other devise or means, shall knowingly and willfully assist, or shall willingly suffer or permit, any person or persons to obtain transportation for property at less than the regular rates than established and in force on the- line of transportation of such common carrier, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentary for a term of not exceeding two years, or both, in the discretion of the court, for each offense. Penalties for false billing, etc., by shippers and otTasr persons; fine and imprisonment. Any person and any officer or agent of any corporation or company who shall deliver property for transportation to any common carrier, subject to the provisions of this act, or for whom as consignor or consignee any such carrier shall transport property, who shall know- ingly and willfully, by false billing, false classification, false weighing, false representation of the contents of the package, or false report of weight, or by any other devise or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain trans- portation for such property at less than the regular rates then estab- lished and in force on the line of transportation, shall be deemed guilty of fraud, which is hereby declared to be a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was 278 Interstate Commerce Act. committed, be subject for each offense to a fine of not exceeding five thousand dollars or imprisonment in the penitentary for a term of not exceeding two years, or both, in the discretion of the court. Penalties for inducing common carriers to discriminate unjustly; fine and imprisonment; joint liability with carrier for damages. If any such person, or any officer or agent of any such corporation or company, shall, by payment of money or other thing of value, solicita- tion, or otherwise induce any common carrier subject to the provision of this act, or any of its officers or agents, to discriminate unjustly in his, its, or their favor as against any other consignor or consignee in the transportation of property,' or shall aid or abet any common carrier in any such unjust discrimination, such person or such officer or agent of such corporation or company shall be deemed guilty of a misde- meanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding five thousand dollars or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense; and such person, corporation, or company shall also, together with said common carrier, be liable jointly or severally, in an action on the case to be brought by any consignor or consignee, dis- criminated against in any court of the United States of competent jurisdiction for all damages caused by or resulting therefrom. Interstate Commerce Commissioners — how appointed; terms of Commissioners. § 11. That a Commission is hereby created and established to be known as the Interstate Commerce Commission, which shall be com- posed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. The Commission- ers first appointed under this act shall continue in office for the term of two, three, four, five, and six years, respectively, from the first day of January, anno Domini eighteen hundred and eighty-seven, the term of each to be designated by the President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired time of the Commissioner whom he shall succeed. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or Inteestate Commerce Act. 279 malfeasance in office. Not more tlian three of the Commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any common carrier sub- ject to the provisions of this act, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold such office. Said Commissioners shall not engage in any other business, vocation, or employment. No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission. Power of Commission to inquire into business of carriers; Commission required to enforce the provisions of the act ; po°wer of the Commission to require attend- ance of -w^itnesses and production of books and papers. § 12. (^s amended.) That the Commission hereby created shall have authority to inquire into the management of the business of all com- mon carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created; and the Commission is hereby authorized and required to execute and enforce the provisions of this act; and, upon the request of the Com- mission, it shall be the duty of any district attorney of the United States to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney-General of the United States, all necessary proceedings for the enforcement of the provisions of this act and for the punishment of all violations thereof; and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States; and for the purposes of this act the Commission shall have power to require, by subpoena, the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investiga- tion, and in case of disobedience to a subpoena, the Commission, or any party to a proceeding before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section. 280 Interstate Commeece Act. Punishment for refusal to testlty or produce books and papers. And any of the circuit courts of the United States within the juris- diction of -which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said Com- misBion (and produce books and papers if so ordered) and give evi- dence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such wit- ness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. Complaints to Commission; how and by whom made; reparation by carriers before investigation; investiga- tions by the Commission. § 13. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act in contravention of the provisions thereof, may apply to said Commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the Commission. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper. Said Commission shall in like manner investigate any complaint forwarded by the railroad commissioner or railroad commission of any State or territory at the request of such commissioner or com- Interstate Commerce Act. 281 mission, and may institute any inquiry on its own motion in the same manner and to the same effect as though complaint had been made. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. Findings of Commission prima facie evidence in judicial proceedings. § 14. {As amended.) That whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the Commission are based, together with its recom- mendation as to what reparation, if any, should be made by the common carrier to any party or parties wlio may be found to have been injured, and such findings so made shall thereafter, in judicial proceedings, be deemed prima facie evidence as the each and every fact found. All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carriers that may have been complained of. Reports and decisions; authorized publication to be cora- petent evidence; publication and distribution of annual reports of Conunissiou. The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commis- sion therein contained, in all courts of the United States, and of the several States, without any further proof or authentication thereof. The Commission may also cause to be printed for early distribution its annual reports. Notice to common carrier to cease from violation of act; compliance -with notice to cease from violation of act; reparation. § 15. That if in any case in which an investigation shall be made by said Commission it shall be made to appeai- to the satisfaction of the Commission, either by the testimony of witnesses or other evi- dence, that anything has been done or omitted to be done in viola- tion of the provisions of this act, or of any law cognizable by said Commission, by any common carrier, or that any injury or damage 36 282 InTIliSTATE COMMEKCK AOT. has been sustained by the partj or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the Commission to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such viola- lation, or to make reparation for the injury so found to have been done, or both, within a reasonable time, to be specified by the Com- mission; and if, within the time specified, it shall be made to appear to the Commission that such common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the Commis- sion, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the Commission, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law. Petition to United States courts in cases of disobedience to order of Commission; power of United States courts to hear and determine cases of disobedience; writs of injunction or other process against carriers in cases of disobedience; punishment for refusal to obey writs of injunction or other proper process; fine; appeals to Supreme Court of United States. § 16. {As amended.) That whenever any common carrier, as defined in and subject to the provisions of this act, shall viilate, or refuse or neglect to obey or perform any lawful order or requirement of the Commission created by this act, not founded upon a controversy requiring a trial by jury, as pro- vided by the seventh amendment to the Constitution of the United States, it shall be lawful for the Commission or for any company or person interested in such order or requirement, to apply in a summary way, by petition, to the Circuit Court of the United States sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may be; and the said court shall have power to hear and determine the matter, on such short notice to the common carrier complained of as the court shall deem reasonable ; and such notice may be served on such common carrier, his or its officers, agents, or servants in such manner as the court shall direct; and said court °k&\\ proceed to hear and determine the matter as speedily as a court Intebstate CJommerce Act. 283 of equity, and without the formal pleadings and proceedings applicable to ordinary suits in equity, but in such manner as to do justice in the premises; and to this end such court shall have power, if it think fit, to direct and prosecute in such mode and by such persons aa it may appoint, all such inquires as the court may think needful to enable ittoformajust judgntentin the matter of such petition; and on such hearing the findings of fact in the report of said Commis- sion shall be prima facie evidence of the matters therein stated; and if it be made to appear to suoh court, on such hearing or on report of any sucTi person or persons, that the lawful order or requirement of said Commission drawn in question has been violated or disobeyed it shall be lawful for such court to issue a writ of injunction or other proper procesF, mandatory or otherwise, to restrain such common carrier from further continuing such violation or disobedince of such order or requirement of said Commission, and enjoining obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court to issue writs of attachment, or any other process of said court incident or applicable to writs of injunc- tion or other proper process, mandatory or otherwise, against such common carrier, and if a corporation, against one or more of the directors, officers, or agents of the same, or against any owner, lessee, trustee, receivoKj or other person failing to obey such writ of injunction, or other proper process, mandatory or otherwise ; and said court may, if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money, not exceeding for each carrier or person in default the sum of five hundred dollars for every day, after a day to be named in the order, that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining or into court, to abide the ultimate decision of the court, or into the treasury; and payment thereof may, without preju- dice to any other mode of recovering the same, be enforced by attach- ment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court. When the subject in dispute shall be of the value of two thousand dollars or more, either party to such proceeding before said court may appeal to the Supreme Court of the United States, under the same regulations now provided by law in respect of security for such appeal; but such appeal shall not operate to stay or 284 Intebstate Commeeci! Act. supersede the order of the court or the execution of any writ or pro- cess thereon; and such court may, in every such matter, order the payment of such costs and counsel fees as shall be deemed reason- able. Whenever any such petition shall be filed or presented by the Commission it shall be the duty of the district attorney, under the direction of the Attorney-General of the United States, to prosecute the same; and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. i*etition to United States courts in cases of disobedience when trial by jury is necessary ; trial by jury ; trial by court ; appeals to Supreme Court of United States ; counsel or attorney's fees. If the matters involved in any such order or requirement of said Commission are founded upon a controversy requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United States, and any such common carrier shall violate or refuse or neglect to obey or perform the same, after notice given by said Com- mission as provided in the fifteenth section of this act, it shall be law- ful for any company or person interested in such order or require- ment to apply in a summary way by petition to the Circuit Court of the United States sitting as a court of law in the judicial district in which the carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience as the case may be; and said court shall by its order then fix a time and place for the trial of said cause, which shall not be less than twenty, nor more than forty days from the time said order is made, and it shall be the duty of the marshal of the district in which said proceedings is pending to forwith serve a copy of said petition, and of said order, upon each of the defendants, and it shall be the duty of the defendants to file their answers to said petition within ten days after the service of the same upon them as aforesaid. At the trial the findings of fact of said Commission as set forth in its report shall be prima facie evidence of the matters therein stated, and if either party shall demand a jury or shall omit to waive a jury, the court shall, by its order, direct the marshal forthwith to summon a jury to try the cause; but if all the parties shall waive a jury in vmting, then the court shall try the issues in said cause and render its judgment thereon. If the subject in dispute shall be of the value of two thousand dollars or more, either party may appeal to the Supreme Court of the United States under the same regulationr Intebstate Commeece Act. 285 now provided by law in respect to security for such appeal; but such appeal must be taken within twenty days from the day of the rendi- tion of the judgment of said Circuit Court. If the judgment of the Circuit Court shall be in favor of the party complaining, he or they shall be entitled to recover a reasonable counsel or attorney's fee, to be fixed by the court,»which shall be collected as part of the costs in the case. For the purposes of this act, excepting its penal provisions, tho Circuit Courts of the United States shall be deemed to be always in session. Interstate Commerce Commission — form of procedure; o£B.cial seal. § 17. {As amended.) That the Commission may conduct its proceed- ings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the Commission shall constitute a quorum for the transaction of business, but no Commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. Said Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may appear before said Commission and be heard, in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. Said Commission shall have an official seal, which shall be judicially noticed. Either of the mem- bers of the Commission may administer oaths and affirmations and sign subpoenas. Salaries of Commissioners; secretary— how appointed ; salary ; of&ces and supplies ; witnesses' fees. § 18. {As amended.) That each Commissioner shall receive an annual salary of seven thousand five hundred dollars, payable in the same manner as the judges of the courts of the United States. The Com- mission shall appoint a secretary, who shall receive an annual salary of three thousand five hundred dollars, payable in like manner. The Commission shall have authority to employ and fix the compensation of such other employees as it may find necessary to the proper per- formance of its duties. Until otherwise provided by law, the Com- mission may hire suitable offices for its use, and shall have authority 286 Intebstate Commeecb Act. to procure all necessary office supplies. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Expenses of the Conuuissiou — ho-w paid. All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners or by their employees under their orders, in making any investigation, or upon official business in any other places than in th^ city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor, approved by the chairman of the Commission. Principal office of the Commission ; sessions of the Com- mission. § 19. That the principal office of the Commission shall be in the city of Washington, where its general sessions shall be held; but whenever the convenience of the public or the parties may be pro- moted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. It may, by one or more of the Commissioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act. Carriers subject to the act must render full annual reports to Commission; Commission may prescribe methods of keeping: accounts. § 20. That the Commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Commission may need information. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same ; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts and the interest paid thereon; the cost and value of the carrier's property, franchises and equipments; the number of employees and the salaries paid each class; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts from each branch of business and from all sources; the oper« ating and other expenses; the balances of profit and loss; and a com- Interstate Commerce Act. 287 plete exhibit of the financial operations of the carrier each year, including an annual balance-sheet. Such report shall also contain such information in relation to rates or regulations concerning fares or freights, or agreements, arrangements or contracts with other common carriers, as the Commission may require; and the said Commission may, -within its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe (if in the opinion of the commission it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all common car- riers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept. Annual reports of the Commission to congress. § 21. (^s amended.) That the Commission shall, on or before the first day of December in each year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall con- tain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommenda- tions as to additional legislation relating thereto as the Commission may deem necessary; and the names and compensation of the persons employed by said Commission. Persons and property that may be carried free or at educed rates; mileage, excursion, or commutation passenger tickets; passes and free transportation to oflacers and employees of railroad companies; pending litigation not affected by act. § 22. {As amended.) That nothing in this act shall prevent the carriage, storage or handling of property free or at reduced rates for the United States, State or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and. home- less persons transported by charitable societies, and the necessary agents employed in such transportation, or the issuance of mile- age, excursion or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of 288 Interstate Commeece Act. Soldiers and Sailors' Orphan Homes, including those about to enter and those returning home after discharge, under arrangement with the boards of managers of said homes; nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employees, or to prevent the principal officers of any rail- road company or companies from exchanging passes or tickets with other railroad companies for their officers and employees; and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided, that no pending liti- gation shall in any way be affected by this act. Jurisdiction of United States courts to issue writs of per- emptory mandamus commanding the movement of interstate trafB.c or the furnishing of cars or other transportation facilities. {New section.) That the circuit and district courts of the United States shall have jurisdiction upon the relation of any person or per- sons, firm, or corporation alleging such violation by a common carrier, of any of the provisions of the act to which this is a supplement and all acts amendatory thereof, as prevents the relator from having inter- state traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and trans- port the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ: Provided, that if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of fact: Provided, that the remedy hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this act or the act to which it is a supplement. INDEX. A. Abandonment: p^^j, of part of route by surface railroad 102, 116, 117 proceedings for 102, 117, 118 declaration of, to be filed 102 approval by board of railroad commissioners 102 Accidents ; investigation of, by railroad commissioners 126 Accounts, frauds in keeping, how punished 236 Actions, conclusively brought, stay of proceedings in 15 Affidavit, annexed to certificate of incorporation 52 Agreement : for consolidation of corporation owing continuous line 83 to be submitted to stockholders 84 to be approved by two-thirds of stockholders 84 Alteration of business 39 Animals : carrying in cruel manner, how punished 239 definition of 240 transportation of, for more than twenty-four hours 240 Answer in condemnation proceedings 135 Appearance in condemnation proceedings 134 Application of article 6 of railroad law 131 Application for railway 106 by whom and how made 106 commissioners appointed upon 107 Arson : in second degree, defined 224 in third degree, defined 224 Assessment of property of consolidated corporations 86 Attorney-General : may apply to have receiver removed 165 papers in dissolution proceedings to be served on 165 B. Baggage : checks for 73 checks of connecting steamboat lines to be furnished 75 moneys arising from sale of unclaimed 74 must be delivered without delay 73 37 290 Index. Baggage — ( Continued) : paok. notice of unclaimed, to be published 74 penalty for refusal to furnish checks 75 penalties forinjuries to 74 penalty for refusal to accept 73 perishable, to be sold without notice 74 sale of unclaimed 74 unclaimed 74 Banking powers, prohibition of 11 Bills of lading : erroneous, issue of, not criminal 241 issue of fictitious, how punished 241 Board of railroad commissioners : acts prohibited 130 additional ofBcers of, their duties 124 annual report of : contents of 129 publication and distribution of 129 when made 129 application to, for permission to cease operations during winter months 79 appointment of 123 approval of abandonment of part of route by 102 certificate of, for construction of railroad 82 certified copies of papers filed with, to be evidence 129-30 corporations must furnish information to 128 duties of secretary of 123, 124 employes of, punishment for wrongful acts 231 eligibility of commissioners 124 eligibility of employes of 124 examinations and investigations by 125 expense of, to be borne by railroad 130, 131 fees of witnesses before 128 fees charged by 128, 129 general powers and duties of 125 hearing upon proposed change of railroad law 126 investigation of accidents by ' 126 legal effect of recommendations and action of 128 maps, profiles and drawings to be transmitted to 55 may approve safeguards 78 may require copies of books to be sent to them 127 meetings of 125 misconduct of, when criminal 231 not to collect fees from certain officers 129 oath of 124 order of 79 powers of. as to lighting and ventilating tunnels 193, 195 prescribe form of reports of railroad corporations 126 preserve reports of corporations 126 Index. 291 Board of railroad commissioners — ( Continued) : page. principal office of 125 quorum of 125 recommendation of : when law has been violated 127- when repairs are necessary 127 salaries and expenses of members and officers of 130 secretary and marshal 123 seal of 125 subpcenas issued by 128 supreme court may compel compliance with recommendations of, 128 suspension from office of 123 term of office of 123 to pay fees into treasury 129 unlawful offer to, misdemeanor 230 Bonds : acquirement of, by another corporation 40 consideration for issue of 41 guarantee of, by another corporation 40 . guarantee of, by street surface railway corporation 101 of commissioners appointed upon application for railway 107 of consolidated corporations : 85 issue of 41, 64 making of, not negotiable 172, 173 overissue of, liability of directors for 35 payable beyond expiration of corporate existence 16 payments of, when held by municipal corporations 217 reissue of, when held by municipal corporations 218 sale or exchange of, when held by municipal corporations 216 town bonding acts 213, 218 Books : of subscription, to be opened by commissioners upon incorpora- tion of street surface railroads ill of street surface corporations, open to inspection of comptroller. . . 97 Books to be kept : account books ^"^ stock books 37 contents of ^'^ entry of transfer of stock in 37 open daily 37 presumptive evidence 37 penalty for not keeping 37 penalty for illegal acts in relation to 37 transfer books, to be exhibited ^6 Borrow, power to ^^> ^^' ^* Brake : kind to be used '^'^ penalty for not using '^'^ 292 Index. Bridge : faqb. failure to place guard-posts in, when criminal 232 right to cross, by street surface railroads 105 Building, defined 225 Burglary : building, defined 225 in third degree, defined 224 in third degree, how punished 225 Business of corporation, defined 5 By-laws : control action of directors 8 directors may make 15 making of 8 when to be published 8 C. Canada thistles to be cut 78 Canal commissioners, power in relation to railroads near canals 152 Canals, corporation owning, may open railroad instead of 155 Capital stock : increase of.' 49 when reduced by cancellation 41 increase or reduction of 43, 44 meeting for, how authorized 42 meeting for, how conducted 42 meeting for, certificate of 42 notice of meeting for 42 publication of notice of meeting for 42 upon consolidation of corporations owning continuous lines 83 (See stock.) Cars, sleeping or parlor : compensation for extra accommodations 72 contract for hauling 72 Cemeteries, roads not to be laid through 153 Certificate : alteration or extension of business 39 approval of, by certain oflBcers 43 false, liability for 38 for extension of corporate existence 16 increase or reduction of capital stock 42 new in place of lost 45 of foreign corporations 9 of board of railroad commissioners, annexed to certificate of incorporation 52 of board of railroad commissioners for construction of road 82 of board of railroad commissioners in regard to extension by reorganized corporation 90 of stock issued upon foreclosure in certain cases 90 proof before granted 9 Index. 293 Certificate of incorporation : jaob. affidavit annexed to 52 amended 6 so as to terminate road at intersection of other roads 60 so as to allow use of common routes 61 by whom executed 5 destroyed 7 filing of, when void 52 lost 7 may provide method of voting 11 supplemental 6, 52 what to contain .' . . . 51 where to be filed and recorded 6 Challenges, oaths required 12 Change of route, grade or terminus 59 Charter, effect of dissolution, as to consent 103 Chattel mortgages, by railroad corporations, where filed 173 Chautauqua assembly grounds, no railroad through, without consent of trustees 57 Checks for baggage 73, 75 Children not to ride on steps of cars 190 Cities, street surface railroads to pay percentage of receipts to 97 Classification of corporations 4 Combinations prohibited 33 Commissioners in condemnation proceedings 136, 137 Commissioners under article five of railroad law : adoption of plans by 108 appointment of 107 compensation of 116 damages, ascertainment by 109 determination of necessity of railroads 107 first meeting of ■ — 107 fix terms upon which road may be built 108, 109 may select routes 109 may change routes and plans 109 oath and bond of 107 open books of subscription m quorum ot '• ^^^ removal of ^^^ terms of office of ^^^ to file report 1^^ to pay to treasurer moneys collected 114 to transfer plans upon organization H* to deliver certificates to directors when elected 112 vacancies, how filled ^i° 107 what to determine Commissioners to determine location of route : compensation of determination of, to be filed °^ determination of, appeal from ^^ 294 Index. Commissioners to determine location of route — (Continued) : paok. how appointed 54 to determine compensation for intersection of other railroad 59 Common carriers : not to discriminate on account of color 240 refusing to receive guests 240 rights and liabilities as 76 use of force in expelling passengers 224 Company, defined 227 Comptroller, approval of certificate by 43 duties of, in relation to collection of taxes 199, 206 upon failure to pay tax, to examine corporation 203 Condemnation law : acts repealed by 142 effect of 142 title of 132 when to take effect 142 Condemnation of real property : abandonment of proceedings for by plaintiff 138 acceptance of offer to purchase in proceedings for 137 answer to petition 135 adverse and conflicting claimants 140 appearance of parties 134 appeal from final order 139 appeal from judgment in favor of defendant 139 commissioners, duties of 136 compensation awarded 138 confirmation of report 137 costs and allowances 137, 138 disturbance of possession 140 entry by plaintiff, by order of court 141 final order in proceedings for 137 guardian, when to be appointed 134 judgment to be docketed 138 new appraisal in proceedings for 140 notice of presentation of petition 133 offer to purchase by plaintiff. 137 order in proceedings 142 papers, service of 134 pendency of proceedings, notice of 141 petition to court for 133 proceedings for. when to be instituted 55 provisions of other laws applicable to proceedings for 135 rehearing before commissioners 137 report of commissioners 137 service of notice in proceedings for 134 trial, in proceedings for , 135 writ of assistance, issue of i38 when property to be acquired 56, 57 Index. 295 Conditional sales : ' Piou. act in relation to, certain contracts excepted from 178 contract for 178 where filed 178 of railroad equipment 176 Conductor : must wear badge 73 who may be 73 Connecting railroads : board of railroad commissioners, powers as to 70 decisions of board binding upon 70 grant of accommodations to 59 Consent : application for, to be published 92 conditions upon which procured 93 of property owners and local authorities for construction of street surface railroads 92 of property owners and local authorities upon application of rail- road in cities 108 ratification of, in case of street surface railroads 104 Consolidation of corporations, owning continuous line : ' agreement for 84 how made 83, 84 of parallel lines prohibited 89 of street railways, consent of local authorities to 94 rights of creditors, not to be impaired 86 Construction of road : by individuals, joint-stock association or corporation 54 consent of property owners 54 extension of time for, by street railway corporation 99 in other states, by two-thirds vote of directors 60 of street surface railroad, when completed 99 of street surface railroad over bridge ; 101 of street surface railroad, where other road is built 101 Corporate laws : defined , 5 conflicting, which to prevail ^ 17 Corporations : acquirement of stock and bonds of other corporations 40 certificate of ■ 51 consolidation of, owning continuous lines 83 consolidated powers of i 85 change of name of 161 examination of, in criminal proceedings 220 fine of, upon criminal conviction 222 frauds in organization of, how punished 234, 235 frauds in keeping accounts of 236 guarantee of bonds of another corporation 40 296 < Index. Corporations — ( Continued) : page. indictment of, form of 220, 221 liability of, for crime 223 for acts of receiver 32 officer of, director of another corporation 40 of same name prohibited 6 of other States, powers of 87 may hold railroad in this State 87 reorganized, may have same name 6 Costs, in condemnation proceedings 137 County roads, construction of railroad on 156 County treasurer : to notify collector of non-payment of taxes by railroad corporation, 197 to credit railroad corporation with payment of taxes 197 Couplers : automatic, penalty for not using 77 failure to use, when criminal 233 Court of special sessions, jurisdiction of 219 Creditors : allowance to, in winding up proceedings 170 claim of, in winding up proceedings, when barred 170 in winding up proceedings, to present claims 168 right to appeal in winding up proceedings 170 rights of, not impaired by consolidation 86 Crimes, committed on trains, where tried 219 Crossings : flagman and sign-boards at 68 gates at 69 grade, locomotives must stop at 70 of horse railroad track 113 penalty for not stopping at grade 70 watchman at grade 70 D. Damages : appraisal of, by commissioners 109 payment of, to owner of property 115 Debts: may contract 29, 48 liability of directors for unauthorized debts 35 Deer, transportation of, when illegal 182 Deposits : increased, when and how required ' 121 penalty in case of failure to make, by surface railroads 110 to be made by surface railroads 110 Directors : acts, when void 34 affairs of corporation to be managed by 15 Index. 297 Directors — ( Continue^ : PiOB. appointment of officers by 36 change of number of 34 cliange of route, grade or terminus by 59 conversion of debt into stock by 30, 48 defined 5 failure to elect, effect of 13 how chosen 33 liability of : for failure to make report 38 for loans to stockholders 35 for unauthorized debts and over-issue of bonds 35 for unauthorized dividends 35 for unauthorized reduction of capital stock 35 locate road in another State by two-thirds vote 60 majority of, a quorum 15 misconduct of, how punished 235, 236 notice of election of 34 number annually elected 34 of surface railroads, how elected 112 affidavits made by 112 presumed to have knowledge of corporate condition 238 report signed by 38 subscription books may be opened by 48 special election of 13 trustees in case of dissolution 15 vacancies in board of, how filled 34 Dissolution of charter, sale of rights, privileges, etc., of street surface railroad upon 103. Dividends, liability of directors for unauthorized dividends 35 Domestic corporation : acquisition of property in foreign States by 9 definition of 5 E. Elections : change of time for holding, of certain railroad corporations 163 misconduct at, how punished 238 Electric railroads ^^ Electric light corporations, power of to build and maintain railroads 65, 160 Elevated railroads : abandonment of part of route by 159 hours of labor on ^^^ meeting for abandonment of part of route 159 misconduct of officials and employes of, how punished 231 Employes : advising not to wear uniform, misdemeanor 224 cash payment of wages to ^'^^ 38 298 Index. Employes — (^Continued): page. certain, must wear badges 73 compelling, not to join labor organization 223 intoxication of, when criminal 232 notice of indebtedness to, what to state 67 railroad company liable for wages due from contractors 67 service of notice of indebtedness 67 violation of duty, when criminal 232 wages of, preferred, upon appointment of receiver 167 Engineer : liability of 230 persons unable to read, not to act as 231 when acts of, criminal 230 Evidence : certified copies of papers filed with state board of railroad commissioners 129, 130 certificate to be presumptive 7 stock books to be presumptive 37 Examination : certificate of magistrate^on 220 of charge against corporation 220 Existence, corporate, how extended 16 when to cease 54 Explosives : forwarding of, when criminal 225 placing of, near building, car, etc 226 Extensions : consents of property owners to be obtained 98 determination of commissioners appointed by court taken in lieu of consent 98 operation of branches and extensions by uncompleted road 104 percentage of gross receipts to be paid to city authorities by street surface railroads in case of 97 reorganized railroad corporations 90 route over rivers by street surface railroads 98 time for construction of street surface railroads 99 time for performance of acts under article V 122 F. False certificates, liability of directors and ofQcers for 38 Pare: extra, may be charged where ticket is not purchased 193 legislature may alter or reduce 72, 101 not more than one to be charged within city or village 100, 102 »n mountain railroads , 71 on New York Central railroad 71 passenger refusing to pay, may be ejected 72 penalty for excessive 72, 102 Index. 299 Fare — ( Continued): paoi;. rates of, where motive power is rope or cable 71 rate of, by street surface roads 100 whien may be five cents 71 when not to exceed three cents per mile 71 Farm crossings, where constructed 67, 68 Fees: charged by board of railroad commissioners 128, 129 collected by board to be paid into treasury 129 not to be charged in certain cases 129 of witnesses before board of railroad commissioners 128 Felony, placing explosives, etc 226 Fences : height of 67 ^ kindof 67, 68 liability for injury to live stock, if fences not in good repair 67 when not necessary 68 Ferries, railroad companies may establish 79 Fines, upon conviction of crimes 222, 223 Foreign corporations : acquisition of real property by 10 in this state upon judicial sales by 10 certificate of authority to do business in this state 9 defined 5 not to do business without certificate 9 Foreign countries : additional corporate powers of road 63 location of principal office in this state 64 may receive grants, etc., from 63 railroads in 63 Forest commission, powers of 182-183 Forest land, regulation of roads running through 184 Forfeiture : of stock , 41-43 of corporate powers 16 Forgery : defined 234 falsely indicating person as corporate officer, is 233 of passenger tickets 227 Franchises : bond upon sale of, of street railroad 94, 147 .conditions upon sale of, of street railroad 94, 147 mortgage of ■ • • ■, 30, 48 sale of, general 32 sale of street railroad ■•■••• 93, 94, 146 Freight : deposit of moneys upon sale of 74 interchange of, at Eouse's Point 187 300 Index. Freight — ( Continued) : page. notice of sale to be published 74 of connecting steamboat lines 76 perishable, sold without notice 74 rate from connecting steamboat lines 76 rate may be altered by legislature 72 received where roads cross or join 59 sale of unclaimed 74 Furnaces : penalty for use of 78 use of, prohibited 78 G. Gates on elevated roads 121 opening and closing of 121 Grade, change of 59 Grand j ury, may proceed against corporation 221 Gross receipts, percentage of paid to cities, etc., by surface railroads. . 97 Guaranty of bonds of another corporation by street surface railroad corporations 101 Gauge : change of, authorized 158 increase of indebtedness for purpose of changing 158 Guard posts, failure to place in bridge, when criminal 232 Guardian, appointment of in condemnation proceedings 134 H. Heating, when method of, is criminal 232 Highways : consent of commissioners to crossing 154 crossing of 154 may be laid across railroads 154 intersection of, additional lands for 58 construction of railroads upon 58 Hours of labor : on elevated railroads 191-192 on street surface railroads 191-192 on steam surface railroads 192 I. Indian lands, contract for 57 Indictment of corporation : form of _ 221 plea of guilty may be put in by counsel 220 Individuals may construct railroads 64 Inspectors : appointment of 36 compensation of 36 Index. 301 Inspectors — (Continued) : p^ob. may administer oaths 13 oath 36 oath to be filed 37 officers of monied corporations not eligible as 36 vacancies, how filled 36 Intersection of highways and streets 58 of other railroads 58, 59 freight at intersection of roads 59 Interstate commerce act : advantage, undue or unreasonable forbidden 270 agents : fine and imprisonment of 276 how punished for false billing 277 annual reports of the commission 281 of the commission to Congress 287 by carriers to commission 286 appeals to supreme court 282, 284 attorneys' fees 284 carriers : subject to this act 269 to report to commission 286 charges to be reasonable 270 commission : form of procedure 285 may prescribe method of keeping accounts 286 may inquire into business of carrier 279 may require attendance of witnesses, etc 279 may prescribe forms of schedules, etc 274 must enforce provisions of act 279 to make annual report to Congress 287 office of 285 salaries of commissioners 285 to be notified of advance or reduction in rates 273 to make advances or reductions public 273 members of, how appointed 278 common carriers : liability of for damages 275 unjustly discriminating, how punished 278 commutation passenger tickets 287 complaints, how made 280 compliance with notice 281 copies : of schedules of rates filed with commission 273 of contracts and agreements filed with commission 273 counsel fees ^^^ damages, liability of carriers for 275 discrimination from unjust forbidden 270 earnings, pooling and division of, forbidden 271 excursions ^'*' 302 Index. Interstate commerce act — ( Continued) : page. evidence 281 expenses of commission, how paid 285 facilities for interchange of traffic 270 false billing by shippers 277 fares and charges : to be printed and posted 271 not to be deviated from 274 freights : pooling of forbidden 271 carried through a foreign country, rates of to be printed and posted 272 continuous 275 how carrier may be compelled to furnish cars 288 investigations by commission 280 joint rates 274 joint tariff to be filed with commission 273 jurisdiction of United States courts as to mandamus 288 liability of common carriers for damages 275 long and short haul provision 271 mandamus 288 mileage tickets 287 notice to be given of advance or reduction of rates 272 notice to carrier to cease from violation of act 281 notice to cease violation, how complied with 281 ofQoers may be compelled to testify 276 officers and agents violating act, how punished 276 officers and agents, how punished for false billine; 277 officers and employes 287 offices and supplies for commission 285 official seal of commission 285 passes 287 penalties for false billing by carriers or shippers 277 penalties for neglecting or refusing to file or publish rates 274 pending litigation not affected by act 287 petition, how heard and determined 282 petition to United States courts in cases of disobedience to order of commission 282, 284 persons and property may be carried free or at reduced rates 287 persons damaged may complain to commission 276 persons may bring suit in United States courts 276 person inducing carrier to discriminate unjustly, jointly liable for damages 278 power of commission to prescribe publicity 273 power of commission as to attendance of witnesses and production of books and papers 279 preference or undue or unreasonable advantage forbidden 270 principal office of commission 286 printing and posting of schedules of rates, fares and charges 271 publication and distribution of annual reports 281 Index. 303 Interstate commerce act — (Continued) : page. punishment for refusal to testify or produce books and papers 280 rates : advance in, ten days' public notice to be given of 273 as published, not to be deviated from 272 reduction in, three days' public notice to be given of 272 to be printed and posted 272 rates, fares and charges may be prescribed by commission 274 rates, fares and charges, penalty for not filing or publishing 274 railroad, what to include 269 refusal to testify, how punished 280 reparation by carrier 281 reports and decisions of commission 281 reports, when to be competent evidence 281 schedule of rates on freight carried through a foreign country to be printed and posted 272 secretary of commission 285 sessions of the commission 285 suits may be brought in United States courts 286 terms <5f commissioners 278 transportation, what to include 269 transportation for officers and employes 287 trial 284 violation of act 276 when trial by jury is necessary 284 witnesses fees 285 writs : of injunction or of other process, against carriers 282 ofoperemptory mandamus 288 punishment for refusal to obey 282 J. Judgment : in condemnation proceedings 135 to be docketed 138 L. Lauds: Indian, contract for 57 public, grant of ^"^ Laws: conflicting, which to prevail • 1'^ repealed ^^ repeal, schedule of 20-28 1855, chapter 300 revived ^^ Lease of railroad : QQ how authorized R9 how executed • ■ notice of meeting for '• • • : ' °^ of parallel lines prohibited ^^ 304 Index. Lessee : page. may take stock of leased road 89 to take franchise when all the stock is transferred 89 Liability : of corporations to employes of contractor 66 of reorganized corporations 90 Liens : discharge of record 175 how long to continue 175 mechanics, extended to railroad bridges and trestle work 174 notice of, when to be filed 174 on rolling stock, etc 174 priority of 175 Loans, liability of directors for loans to stockholders 35 Location of route. (See route.) M. Mails : railroad to convey 80 regulations for conveyance of 80 price for conveyance of 80 Management of road : alteration of signal lights, etc., how punished 228 disinfection of cars, where diseased animals have been transported, 185 employment of person addicted to drink 189 hours of labor on railroads 192, 193 injuries to property of railroad, how punished 237, 239 oil to be burned in cars, quality of 190 roads running through forest lands, regulations respecting . . . 183, 184 sale of tickets by unauthorized agents restricted 228, 229 transportation of deer, when illegal 182 transportation of woodcock and grouse, when illegal 182 when extra fare may be exacted 193 when hermetically sealed caskets are required , 185 Maps and profiles : notice of filing of, to be given 54 to be filed with clerk of county 54 to be transmitted to board of railroad commissioners 55 to be filed with board, when part of road is used 56 Mechanics liens, extended to railroad bridges and trestle work 174 Member of corporation defined 5 Membership corporations classified 4 Milk-cans : agents to collect X88 power of agent to collect jgg Mixed corporations, classified and defined 4 5 Monied corporations : defined 5 officers of, not eligible as inspectors 3g Monopolies, oombinations for creations of, prohibited 33 Index. 305 Mortgage: p^^^. after foreclosure, issue of stock certificates 90 chattel, by railroad corporation, where filed 173 how foreclosed, when made by consolidated railroads partly in the State 87 railroad corporations may 54 upon foreclosure, the mortgagee may purchase 90 N. Name: change of, of corporation.: 161 pending suits not affected by change of 162 petition for change of 161 order of court changing 162 when change of, to take effect 162 Niagara Falls power company, power of, in relation to railroad property 157 Non-stock corporations, classified i limitation upon amount of property of 8 Note: corporation not to discount or receive, in certain cases 35, 36 Notice for election of directors 34 of meeting to increase or reduce capital stock 42 of time of starting train 59 of intention to open street or highway across railway 154 service of, in condemnation proceedings 134 to change number of directors 34 to creditors, in proceedings for sale of corporate real property 134 0. Oaths : of inspector 36 of commissioners appointed upon application for railway 107 Obligations, amount of issued in outstanding, limited 30, 48 OfBce of corporation : defined 5 location of, of stock corporation 5 Oflflcers : appointment of 36 liability of, for false certificates, reports or public notices 38 of monied corporations, not eligible as inspectors 36 policyholders of insurance corporation eligible as 36 removal of ^® securities Oil, what, may be burned in cars 190 Operations of railroad, when may cease during winter months 79 Organization: frauds in, how punished ■■■■■■■ 234, 235 39 306 Index. Organization — ( Continued) : page. of street surface railroad corporations 112 tax upon privilege of •' 208 Owner, as used in condemnation law, defined 132 P. Parades, not to interfere with passage of trains 189 Parks, railways not to be constructed in 105, 108, 113 Passenger tickets : conspiring to sell, in violation of law, how punished 229 forgery of 227 oflQce for keeping unlawful sale of, disorderly house 229 sale of, when criminal 226 by unauthorized agents, restricted 228, 229 who may sell 230 Payments : percentage gross receipts in cities or villages 97 penalty for failure to pay percentage gross receipts 98 Penalty : for railroad corporation, not carrying street across track 154 for failure to make weekly payment of wages 180 for failure to pay percentage gross receipts to city authorities 98 for violation of city ordinance by agents of street surface corpora- tions 99 for overcharge of fare by street surface railroads 103 for violation of article 5 of railroad law 132 for acts prohibited to railroad commissioners and employes 130 for injuries to baggage 74 for refusal to furnish tickets for connecting steamboat lines 75 for use of stoves or furnaces in cars 78 for neglect to file report 38 for not keeping stock books 37 for illegal acts in relation to stock books 37 for prohibited transfer 44 for refusal to exhibit transfer book 46 for refusal to make financial statement 46 Perjury, false swearing in winding up proceeding 171 Person : as used in condemnation law, defined 132 to be designated by foreign corporation for service of process on. . 10 Petition : for sale of corporate real property 143 in condemnation proceedings 132 notice of presentation of, in condemnation proceedings 133 to supreme court to examine route, what to contain 54 Pipe line corporations, misconduct of offtcers and agents of 237 Plans, adoption of, for street railways lOg Index. 307 Platforms: p^^e. how to be constructed 232 riding on, contrary to printed notices at risk of passengers 79 Pledgor of stock, deemed owner for certain purposes 11 Policemen : conductors and brakemen may be appointed as 81 shall wear shield 81 to take constitutional oath 81 Policyholders, of insurance corporations, eligible as officers 34, 36 Powers of corporations : acquisition of property 8 appointment of officers 8 by-laws 8 common seal 8 prohibition of other than statutory 7 prohibition of banking 11 succession 8 Powers of railroad corporations : acquisition of real property 53 additional conferred 52 construction of road 53 corporate, when to cease 54 enter upon lands for survey 52 erect and maintain stations and buildings 53 intersect other railroads, streams, highways, plankroads, turnpikes and canals 53 publication of certificate, before exercising 81 purchase lands and stock in other states 53, 54 regulate time and manner of transportation 53 transport persons and property 53 Preferences, not to be given in transaction of business by railroad — 69 Proceedings for condemnation of real property, when to be instituted, 55 Process, person to be designated by foreign corporation for service of on 10 Property : acquisition in foreign states 9 mortgage of 30, 48, 54 of non-stock corporation, how computed 8 owners, consent of, for construction of street railway 92 sale of • 32 transfer to officers, whenprohibited 43 Proxies : for how long valid l^ to be in writing ^^ who may vote by Public buildings, railway not to be constructed upon grounds of. . 105, 108 308 Index. Public lands : f*""- acquired by condemnation ^"^ compensation for " grant of, to railroad corporations 57 Q. Qualification of members as voters 11 R. Bailroad : lease of, by another corporation 88 may cease operations during winter months 79 to be used only during June, July, August and September, to be of certain length 65 Railroad commissioners. (See Board of Railroad Commissioners.) Bailroad commissioners in towns : appointment of 215 abolition of 215 accounts and loans of 217 annual report of 217 oath of 216 undertaking of 216 Bails : center bearing prohibited 105 weight of 67 Bapid transit act - 243-268 acquisition of real estate 259 acts repealed by 266 appointment of commissioners 243 appropriation for board 252 board to determine necessity of routes 244 by-laws and rules of board 244 by-laws of corporation 254 carrying of mails by corporations 262 commissioners to determine necessity of route 247 connection routes, fixing of 263 consents of local authorities 247 consents of property owners 247 construction of act 265 conveyance of freight and passengers 262 crossing or coincidence of route with another railroad 265 decision of general term in lieu of consents 247 dissolution of corporation by legislature 263 ejection of passengers from cars t 262 election of directors of corporations 254 elevated railway, when may be constructed in lieu of bridge approaches '. 266, 267 first meeting of board 244 general plan of construction 244 increase or reduction of capital stock 258 Index. 309 Rapid transit act — ( Continued) : pabh. intoxication of employes of corporation a misdemeanor 263 liability of stockholders in a fiduciary capacity 258 liability of corporation to employe 258 ' location of routes 244 modification of plans 256 oath of commissioners 243 ofQcers of board 252 organization of corporations 253 payment of stock of corporation 257 place of taxation of corporation 256 plans to be prepared 248 plans to be submitted to common council 246 powers of corporation formed under act 260 principal office of corporation 256 quorum of board 244 record of proceedings of meeting for organization 255 resale of franchise 251 sale of franchise, terms, etc 249 streets upon which roads not to be built 245 surface roads not to be constructed under 266 terminal facilities 264 transfer of stock in corporation • 258 tunnel routes 245 ; vacancies in board of directors of corporation 257 when to take effect 266 willful injury to property.of corporation 263 Readjustment : assent of stockholders to 32 time of assent to '. 33 Real property : acquisition of, in this state by foreign, corporation 10 acquisition of, in this state by foreign corporation upon judicial sales 10 acquisition of-, by railroad companies 53, 56 condemnation of 56, 57, 132 of another corporation, when not to be acquired by condemnation, 57 sale of corporate 1*3 when additional may be required 9 Receivers : allowance to, in winding up proceedings 170 application for appointment of 163 application for appointment of, when made 166 attorney-general may apply to have removed 165 discharge of, in winding up proceedings 171 discharge or removal of 32 duties of ^^ duties of, in winding up proceedings 168, 169 leave to sue, in, winding up proceedings 172 310 Index. Receivers — ( Continued) : pioa order appointing 164 payment of subscription of stock to 41 possession of property by 32 suit against, when to be commenced 32 suits by, preference on court calendar 166 to be appointed in winding up proceedings 168 to close up affairs in one year 165 transfer of property of corporation to> 166 Becord of membership to be produced 12 Reorganization : assent to plan of, by stockholders 32 assent to plan of, by municipal ofQcers 32 amount of bonds upon 32 amount of stock upon 32 certificate to be filed 30 certificate, what to contain 31 dividend preferences in 32 issue of stocks and bonds in conformity with plan of 32 plan or agreement 31 upon sale of corporate property and franchises 30 voting regulated 31 Report : annual, to board of railroad commissioners to be made by corpora- tion operating road 80 annual, of board of railroad commissioners 129 date of, may be changed 80 failure to make, for purposes of taxation 199 false, liability of directors for 38 further, when to be made 80 gross amount of receipts, to city authorities 97 of commissioners appointed upon application for surface railway. . 115 of commissioners in condemnation proceeding 137 penalty for neglect to file 38 signed by directors 38 to comptroller, for purposes of taxation 198 verification of 38 Restraint of trade : combinations for, prohibited 33 Route: change of, how made 56, 59 commissioners, who to be appointed 55 damage for crossing turnpike or plankroad 58 determination, appeal from 55 determination of, by commissioners to be filed 55 location of 54 maps of, to be filed before construction 54 notice of, to be given to occupants of lands 54 objections to, how made 54 Index. 311 Koute — ( Continued) ; Piou. of surface railroads, selection' of. 109 of surface railroads, change of 109 of surface railroads, coinciding with another route 114 part of, in another state 60 petition to supreme court to appoint commissioners to examine ... 54 petition, what to contain 54 two roads may have same 61 S. Sales ; conditional, of railroad equipment 17& Sale of corporate real property : hearing on application for 144 notice to creditors on application for 144 petition to court for 143 powers of court in relation to 144, 145 service of notices in proceedings for 144 when may be made 143 Sand, use of, on tracks of street railroad 105, 150 Seal, corporation to have 8 Sections of article 5 of railroad law to be printed and posted 122 School taxes: facilitation of payment of 210 valuation of property for purpose of assessment of 211 Sign boards, where placed and how constructed '. 68 Signals : misdemeanors in relation to 228 warning, penalties for not using 77 Sleeping cars, charge for travel upon 72 Special felection of directors : how conducted and where held 14 notice of, to be given 13 right to vote at, how determined 14 Speed, local authorities to regulate, in case of street surface roads — 99 Statement : > of assets and liabilities : penalty for neglect to make 46 time for making extended 46 to be exhibited to stockholders 46 of streets, roads and highways occupied by street surface railroads, 91 Stations, not to be discontinued without consent of board of railroad commissioners ^^ Stock : calls on, must be paid before transfer 40 cancellation of *1 consideration for issue of, 41 exchange of preferred for common 43 forfeiture of *^ 312 Index. Stock — ( Continued) : paqf. fraudulent sale of, how punished 233 fraudulent issue of, how punished 234 increase of, when reduced by cancellation 41 may be fixed by by-laws 8 not to be issued for less than par value of 41 preferred and common 43 reissue of, upon forfeiture 41 represented by certificates 39 sale or exchange of, when held by municipal corporations k 216 subscriptions to 40 subscriptions to, when, how paid 41 transfer of, to be entered in stock book 37 transfer of, by stockholder indebted to corporation 36 Stock certificates, issue of, in certain cases, at the foreclosure of mort- gage 90 Stock corporation law, what to apply to 29 Stock corporations : classified 4 defined 5 when may acquire stock and bonds in other corporations 40 when may guarantee bonds in other corporations 40 when officer of, may be collector of in another corporation 40 Stockholders : entitled to vote, when 11 executor, administrator, etc., not liable as 47 financial statement to 46 liabilities of 46 liability of, with respect to increased or reduced capital stock 42 liability of, for debts due employes 176 limitation of liability of 47 may assent to plan of readjustment 32 municipal corporations represented at meetings of 86 proposition for consolidation to be submitted to 84 Stoves : penalty of for use of in cars 78 use of, in cars, when a misdemeanor 232 Streams : navigable, crossing of or obstruction in. when to be made 58 to be restored to former state of usefulness 58 Streets : repair of, by street surface railroads 99 upon which railways are not to be constructed 108 Street surface railroads : Abandonment : approval by railroad commissioners of declaration of 102 declaration of, how adopted 102 filing of declaration of 102 of part of route 102 Index. 313 street surface railroads— (ConMnMed); Books : PAGE. to be kept by purchaser of franchise 94 subject to inspection of local authorities 94, 97 Buffalo, excepted from provisions of § 93 95, 96 bonds, guaranty of, by other corporation 101 bridge, right to cross 105 connection of, with ferry or depot 148 Consents : condition upon which given 93 effect of dissolution of charter upon 103 for extension over rivers 98 for change of motive power 100 for construction of road in streets where other road is built, 101, 149 for operating of extensions and branches 104 for construction of, heretofore given 148 how procured 92 of property owners 92 of local authorities 92, 95 proceeding upon failure to obtain 96 consolidation of 148 construction of road in street where other road is built 101, 149 Charter : dissolution of, effect upon consents 103 corporate rights in case of failure to complete road 103 Extension : consents necessary for 98 operation of, consents necessary for -. 104 of route over rivers 98 of time to complete road 99 proceedings upon failure to obtain consents for 98 when not described in articles of association 158 Franchise : conditions of sale of ,. 93, 94 cease unless road is built within certain time 99 forfeiture of 98 notice of sale of 94 purchaser of, must be corporation 93 sale of, at public auction 93 not to be made in certain cases 95 when required 1*6 who to conduct sale of 94 forfeiture of franchises 98 Fare: contracting corporations to carry for one fare 102 penalty for refusal to carry for one fare 102 rate of ^^ right of legislature to regulate 101 gross receipts, percentage to be paid 97 40 314 Index. street surface railroads — ( Continued) : pacfit guarantee bonds of other roads 101 hours of labor on 191 Local authorities : consents of, necessary 92, 98 consents of, how procured 92 consents of, when to determine 95 consents of, for operation of extensions and branches 104 condition upon which consent given 93, 95 defined 92 may inspect books 94 may require percentage of gross receipts 104 motive power 100 consent of property owners necessary to change of 100 property, value of, how ascertained 92 Property owners : consents of -. 92, 98 for change of motive power 100 for operation of extensions and branches 104 proceedings upon failure to obtain consent of 96 Penalties : for failure to pay percentage of gross earnings 94 for neglect, to repair streets 99 remove snow 99 for violation of ordinance in relation to rate of speed 99 for refusal to carry for one fare 102 for refusal to give transfer 102 parks, roads not to be constructed in 105 public buildings, roads not to be constructed upon grounds of 105 reports of gross receipts to city ofBcers 97 Route: connection of with ferry or depot 148 extension of, over rivers 98 Boad: construction of, in street where other road is built 101, 149 within what time to be built 99 rails, center bearing prohibited 105 Streets : penalty for neglect to repair 99 repair of 99 Speed : penalty for violation of ordinance in relation to rate of 99 rate of 99 Snow : penalty for neglect to remove 99 removal of 99 sand, use of, upon tracks 105, 150 Tracks : compensation for use of, how determined 99, lOl use of, of other roads 98, 101 Index. 315 Street surface railroads — {Continued) : PAen time within which road to be built 99 . wages, weekly payment of 180 Subscriptions, proportion to be paid ...:................. ... 40, 52 Summons : form of 220 how served on corporation 220, 221 . Superintendent of public works : assent of, for new line of road across canal 60 to have supervisory power over roads near canals 60 Supreme court: may stay proceedings conclusively brought 15 may extend corporate existence 17 may direct sale of property 32 may order issue of new in place of lost certificate of stock 45 order of, to permit railroad in street or over navigable stream or lake 58 powers of, respecting elections 14 Switches : kind of, to be used 77 penalties for not using , 77 T. Taxes : amount of, on corporate franchise 198 application of franchise 202 basis of franchise, of foreign corporation 203 franchise, rate of, on railroad corporations 201 when payable by railroad corporation 201 may be paid to collector 197 municipal, of railroad corporation, payable to county treasurer ... 214 • non-payment of 197 notice of settlement of, by comptroller 206 organization 208 railroad corporation may pay t» county treasurer 196 readjustment of accounts where illegally paid 207 recovery of, from delinquent corporations 209 school, facilitation of payment of 210 ten per cent to be added, if report is not made to comptroller 199 to be paid before certiflcate filed 6 to be credited 197 what corporations are exempt from franchise 202 when payable, if levied upon corporate franchise 201 upon franchise, how computed 200 Terminus, change of 59 Tickets : of connecting steamboat lines maybe furnished , 75 penalty for refusal to furnish >. 76 316 Index. PAOE. Time, within which street surface railroad may be built 99 Tools, to be placed in passenger cars 77 Tracks : compensation for use of, by other street surface roads 99, 101 use of, of other street surface roads 98 Trains : elevated, to come to full stop 121 not to startuntil passengers leave 121 persons not to enter after notice the train is full 121 Tramps, entry of cars, etc., by 191 Transportation corporation, classified 4 Trunks and baggage. (See Unclaimed trunks and baggage.) Tunnel railroads. (See Tunnels.) Tunnels : acquisition of title and easement for 61, 150 construction under street in cities 61, 62, 150 consent of property owners necessary for 62, 151 commissioners for determining advisability of construction of . . . . 62 liability for damages because of construction of 62, 152 power of railroad commissioners as to lighting and ventilation of, 193-5 Unclaimed trunks and baggage : description of, to be entered 186 description of, to be published 186 expense, to be a lien on 187 inventory of 186 when to be examined 186 V. Vacancies : directors 34 inspectors 36 Verification of pleadings in condemnation proceedings 135 Villages, local authorities of, may require payment of percentage of gross receipts 97 Voters : right of to vote, how determined 12 not to sell vote 11 qualification of members at 11 W. Wages : cash payment of, by corporations 179 of employes, preferred, where receiver has been appointed 167 weekly payment of 180 Walking on track 79 Index. 317 Water: H • 1 ■ PAGE. arinking, to be placed in passenger cars 77 domestic, agricultural and manufacturing, when not to be taken by condemnation 57 Weight of rail .....!!! ^ ".............!...... 67 Whirlpool Bridge Company, to have certain powers accorded to rail- way corporations 155 156 Winding up proceedings : allowance to receiver in 170 appeal by creditor In 170 claim of creditor In, when barred 170 creditors in, notice to 168 discharge of receiver in 171 duty of attorney-general in relation to 167 duties of receiver in 168, 169 false swearing in 171 inventory in 168 leave to sue receiver in 172 oath in, by whom administered 171 subpoenas In, by whom issued 171 suit for, where brought 167 Witnesses, fees of, before Board of Eailroad Commissioners 128 Woodcock, transportation of, when illegal, 182