or number of farm crossings, mentioned in section forty-four of this act, ($41 of this chap.) the same shall be determined by the commissioners provided, that the commissioners shall not be required to order farm crossings to be made when the costs of construction shall exceed the value of the land to be accommodated thereby; but in such cases the commissioners shall award such damages, in lieu thereof, as shall be just and equitable. (Sec. 46 of No. 41 of 1849.)

SECT. 44. It shall be the duty of any railroad company, hereafter chartered in this state, to construct a good and sufficient fence on each side of their road, when the same shall be completed and in running order. (Sec. 1 of No. 51 of 1850.)

SECT. 45. If any railroad company shall neglect to construct said fence, as prescribed by the foregoing section, any person aggrieved may construct said fence; and the selectmen of the town in which the same is located shall appraise the value thereof, and said railroad company shall pay the amount so awarded by the selectmen to the person or persons so aggrieved. (Sec. 2 of No. 51 of 1850.)

SECT. 46. Any railroad corporation now chartered in this state, which shall neglect for thirty days, after being requested in writing, addressed to the president or either of the directors of said road, and duly mailed and signed by the person or persons in interest, to construct a good and sufficient fence on each side of their road, shall be subject to the provisions of the second section of this act, (§ 45 of this chap.) (Sec. 3 of No. 51 of 1850.)

SECT. 47. This act ($ 44, 45, 46 and 47) shall take effect on the first day of April next: provided, that no company shall be compelled to build their fence, under the provisions of this act, while the ground is frozen. (Sec. 4 of No. 51 of 1850.)

REGULATIONS RESPECTING THE RUNNING OF THE ROAD.

SECT. 48. Every railroad corporation shall cause boards to be placed, well supported by posts or otherwise, and constantly maintained, across each public road or street, where the same is crossed by the railroad on the same level; said boards shall be elevated so as not to obstruct the travel, and to be easily seen by travellers; and on each side of said boards shall be painted in capital letters, of at least the size of twelve inches each, the words "Look out for the Engine." (Sec. 39 of No. 41 of 1849.)

SECT. 49. A bell, of at least thirty pounds weight, shall be placed on each locomotive engine, and be rung at the distance of at least eighty rods from the place where the railroad shall cross any road or street on the same grade, and be kept ringing until it shall have crossed such road or street; the steam whistle may be blown. in lieu of ringing said bell. (Sec. 38 of No. 41 of 1849.)

SECT. 50. If any railroad corporation shall unreasonably neglect or refuse to comply with the requisitions contained in the two preceding sections, they shall forfeit, for every such neglect or refusal, a sum not exceeding one thousand dollars. (Sec. 40 of No. 41 of 1849.)

SECT. 51. In forming a passenger train, no loaded, and not more than two empty baggage, or freight, or merchandise, or lumber cars, shall be placed in rear of passenger cars; and if they or any of them shall be so placed, and any accident shall happen to life or limb, the officer or agent who so directed, or knowingly suffered such arrangement, and the conductor and engineer of the train, shall each and all be held guilty of intentionally causing the injury, and be punished accordingly. (Sec. 59 of No. 41 of 1849.)

SECT. 52. If any passenger shall refuse to pay his fare or toll, or shall be disorderly, or drunk, or refuse to comply with all the reasonable regulations of the corporation for the government of the conduct of the passengers, it shall be lawful for the conductor of the train and the servants of the corporation to put him out of the cars, at any usual stopping place the conductor may elect. (Sec. 57 of No. 41 of 1849.)

SECT. 53. Every conductor, baggage master, engineer, brakeman, or other servant of any such railroad corporation, employed in a passenger train, or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office, and the initial letters of the style of the corporation by which he is employed. No conductor or collector without such badge shall demand, or be entitled to receive, from any passenger, any fare, toll or ticket, or exercise any of the powers of his office, and no other of the said officers or servants, without such badge, shall have any authority to meddle or interfere with any passenger, his baggage or property. (Sec. 58 of No. 41 of 1849.)

SECT. 54. If any person shall, while in charge of a locomotive engine running upon the railroad of any corporation, or while acting as the conductor of a car, or train of cars, on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor. (Sec. 54 of No. 41 of 1849.)

SECT. 55. Whenever any engineer, fireman, or other agent of any railroad corporation, shall be guilty of negligence or carelessness, whereby an injury is done to any person or corporation, he shall, upon conviction, be punished by imprisonment in the county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars: provided, that nothing contained in this section shall exempt such corporation from an action in damages to any person or corporation sustaining such injury. (Sec. 60 of No. 41 of 1849.)

TOLL, ETC.

SECT. 56. Every such corporation may establish, for their sole benefit, a toll upon all passengers and property conveyed or transported on their railroad, at such rates as may be determined by the directors of the corporation; and may, from time to time, regulate such conveyance and transportation, the weight of loads, and all other things in relation to the use of such road, as the directors shall determine provided, that the supreme court may, at any stated session holden in any county through which said road passes, on the application of ten freeholders of such county, and due notice thereof

to the corporation, from time to time, as they shall deem expedient, alter or reduce such rates of toll, according to the provisions, if any, contained in the charters of such corporations; but the said tolls shall not, without the consent of the corporation, be so reduced as to produce, with said profits, less than ten per centum per annum. (Sec. 42 of No. 41 of 1849.)

SECT. 57. Any railroad corporation, whose railroad is located in this state, shall not charge any larger sum for freight, merchandise or passage of passengers thereon for a less distance, to or from any way station on said road, than is charged for a greater distance; and in case of any violation of the provisions of this act by said corporation, the excess, so charged, may be recovered back from said corporation, by the party aggrieved, in an action for money had and received, with full costs of suit. (No. 50 of 1850.)

U. S. MAIL.

SECT. 58. Any railroad corporation shall, when applied to by the postmaster general, convey the mail of the United States on their road; and in case such corporation shall not agree with said postmaster general as to the rate of [transportation] (compensation) therefor, and as to the time, rate and speed, manner and condition of carrying the same, the governor of the state may appoint three commissioners, who, or a majority of them, after twenty 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 compensation for the post office car. And in case the postmaster general shall require the mail to be carried at other hours, or at higher speed, than the passenger trains be run at, 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 services, to be fixed as aforesaid. (Sec. 55 of No. 41 of 1849.)

GENERAL PROVISIONS.

SECT. 59. Every railroad corporation shall be a body corporate and politic, from the passing of the act of incorporation, so far as to authorize such corporation, after its organization, to enforce the payment of subscriptions to its capital stock, and the performance of contracts in relation to the conveyance of real estate for the purposes of the road, made with any person for the benefit of the corporation, although such subscriptions and contracts may have been made prior to such organization. (Sec. 63 of No. 41 of 1849.)

SECT. 60. Every railroad company in this state shall require sufficient security from the contractors for the payment of all labor performed in constructing the road of such company by persons in their employ; and such company shall be liable to the day laborers employed by the contractors, for labor actually performed on their

road, but such liability shall not exist, unless the person having such claim shall, in writing, within forty days after the performance of such labor, notify the engineer in charge of the section on which the labor was performed, that he has not been paid by the contractors. (Sec. 53 of No 41 of 1849.)

SECT. 61. If any articles of personal property, brought upon any railroad in this state, and deposited in any depot or warehouse of any railroad corporation, without any special contract for the keeping thereof, shall not be claimed by the owner or consignee, within sixty days from the time they are so deposited, and the legal charges thereon for freight remaining unpaid, such corporation may cause such property, or any portion thereof, to be sold by the sheriff of the county where the same may be deposited. And in the sale and disposition of the avails of such property, the sheriff shall be governed by the provisions of the act of 1843, entitled "an act to provide for the disposal of unclaimed property, stored with wharfingers and other storehousekeepers," approved Oct. 31st, 1843, (§ 37, 38 and 39 of chap. 92 of this compilation.) (Sec. 56 of No. 41 of 1849.)

SECT. 62. When any injury is done to a building or other property, by fire communicated by a locomotive engine of any railroad corporation, the said corporation shall be responsible in damages for such injury, unless they shall show that they have used all due caution and diligence and employed suitable expedients to prevent such injury. (Sec. 61 of No. 41 of 1849.)

SECT. 63. Any railroad corporation shall have an insurable interest in such property as is mentioned in the preceding section, along its route, and may procure insurance thereon, in its own name and behalf. (Sec. 62 of No. 41 of 1849.)

SECT. 64. If any horse or other beast shall be found going at large, within the limits of any railroad, after the same is opened for use, the person, through whose fault or negligence such horse or other beast shall be so found, shall, for every such offence, forfeit a sum not exceeding twenty dollars, for every horse or other beast so found going at large, and shall also be liable for any damages thereby sustained by any person, to be recovered in an action on the case, by the person sustaining such damages. (Sec. 47 of No. 41 of 1849.)

SECT. 65. If any person shall wilfully do, or cause to be done, any act or acts whatever, whereby any building, fence, construction, or work of any such corporation, or any engine, machine, or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, the person so offending shall be guilty of a misdemeanor, and shall also forfeit and pay to the said corporation double the amount of damages sustained by means of such offence. (Sec. 37 of No. 41 of 1849.)

CONNECTION WITH OTHER ROADS.

SECT. 66. All railroad companies incorporated, or which may be incorporated, under the authority of this state, shall have power to make contracts and arrangements with each other, and with rail

road corporations of other states, for leasing or running their roads, or any part thereof; and also, to contract for, and hold, in fee simple, or otherwise, lands or buildings, in this or other states, for depot purposes, and storing freights; and also to purchase and hold such personal property as shall be necessary and convenient for carrying into effect the object of this section. Said companies shall also have the right of connecting with each other, and with the railroads of other states, on such terms as shall be mutually agreed upon by the corporations interested in such connection. (Sec. 34 of No. 41 of 1849.)

SECT. 67. No locomotive engine or other power shall be allowed to run upon any railroad constructed by authority of this state, except such as belong to, and are controlled by, the corporation owning and managing such road, unless by the consent of such corporation. (Sec. 48 of No. 41 of 1849.)

SECT. 68. Every railroad corporation, which may be the owner of any railroad in use, is hereby required, at reasonable times, and for a reasonable compensation, to draw over their road the passengers, merchandise, and cars of any other railroad corporation, which has been, or may hereafter be, authorized by the legislature to enter with their railroad upon, or to unite the same with, the road of such corporation, and use said last named road. And if the respective corporations, whose roads are so united, shall be unable to agree upon the place of union, or the compensation so as aforesaid to be paid, the supreme court, upon the petition of either party, and upon notice to the other party, shall appoint three commissioners, who shall, upon due notice to the parties interested, proceed to determine and fix upon the place and manner of uniting, and such rate of compensation. And the award of said commissioners, or a major part of them, shall be binding upon the respective corporations interested therein, until the same shall have been revised or altered by commissioners appointed as aforesaid; but no such revision or alteration shall be made by such commissioners within one year after such decision and award shall have been made. (Sec. 49 of No. 41 of 1849.)

SECT. 69. The said commissioners shall, upon the application of either party, if the respective corporations cannot agree upon the same, also determine the stated periods at which said cars are to be drawn as aforesaid, having reference to the convenience and interest of said corporations, and of the public who will be accommodated thereby. (Sec. 50 of No. 41 of 1849.)

SECT. 70. The compensation of said commissioners, for their services and expenses, shall be paid by the respective corporations interested therein, in equal proportions. (Sec. 51 of No. 41 of 1849.)

SECT. 71. Any railroad company may construct their road across the track of any other such corporation already chartered, if the right so to do is reserved in the act creating such last mentioned corporation, and may also cross any other railroad hereafter granted, at any point on its route, and upon the grounds of such other company. And if the two corporations cannot agree upon the amount of compensation to be paid therefor, or the points and manner of