§ 46. Attempting to prevent officers from performing duty. A person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, is guilty of a misde meanor. Officer levying execution. Where an officer by virtue of an execution, acting in good faith, levies upon property believing it to belong to the judgment debtor, the owner is liable for using force to prevent him. People v. Hall, 2 N. Y. Crim. Rep., 134. 847. Resisting officers. A person who knowingly resists, by the use of force or violence, any executive officer, in the performance of his duty, is guilty of a misdemeanor. § 48. [am'd 1890.] Taking unlawful fees. A public officer or a deputy, clerk, assistant or other subordinate of a public officer, or any person appointed or employed by or in the office of a public officer, who shall, in any manner act for or in behalf of any such officer, who asks or receives, or consents or agrees to receive, any emolument, gratuity or reward, or any promise of emolument, gratuity, or reward, or any money, property or thing of value or of personal advantage, except such as may be authorized by law for doing or omitting to do any official act, or for performing or omitting to perform, or for having performed or omitted to perform any act whatsoever directly or indirectly related to any matter in respect to which any duty or discretion is by or in pursuance of law imposed upon or vested in him, or may be exercised by him by virtue of his office, or appointment or employment or his actual relation. to the matter, shall be guilty of a felony, punishable by impris onment for not more than ten years or by a fine of not more than four thousand dollars, or both. § 49. Taking reward for omitting or delaying official acts. An executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or re ward, for omitting or deferring the performance of any official duty, is guilty of a misdemeanor. § 50. Taking fees for services not rendered. An executive officer who asks or receives any fee or compensation for any official service which has not been actually rendered, except in cases of charges for prospective costs, or of fees demandable in advance in the cases allowed by law, is guilty of a misdemeanor. § 52. Corrupt bargain for appointments, etc. A person who gives or offers to give, any gratuity or reward, in consideration that himself or any other person shall be appointed to a public office, or to a clerkship, deputation, or other subordinate position, in such an office, or shall be permitted to exercise, perform, or discharge any prerogatives or duties, or to receive any emoluments, of such an office, is guilty of a misde meanor. § 53. Same. A person who asks or receives, or agrees to receive, any gratuity or reward, or any promise thereof, for appointing another person, or procuring for another person an appointment, to a public office or to a clerkship, deputation, or other subordinate position in such an office is guilty of a misdemeanor. If the person so offending is a public officer, a conviction also forfeits his office. 54. Selling right to official powers. A public officer who, for any reward, consideration or gratuity, paid, or agreed to be paid, directly or indirectly, grants to another the right or authority to discharge any functions of his office, or permits another to take appointments or perform any of its duties, is guilty of a misdemeanor, and a conviction for the same forfeits his office, and disqualifies him forever from holding any office whatever under this state. § 55. Such appointment avoided by conviction. A grant, appointment, or deputation, made contrary to the provisions of either of the last two sections, is avoided and annulled by a conviction for the violation of either of those sections, in respect to such grant, appointment or deputation; but any official act done before conviction, is unaffected by the conviction. § 56. Intrusion into public office. A person who willfully intrudes himself into a public office, to which he has not been duly elected or appointed, or who having been an executive or administrative officer, willfully exercises any of the functions of his office, after his right so to do has ceased, is guilty of a misdemeanor. § 57. Officer refusing to surrender to successor. A person who, having been an executive or administrative of ficer, wrongfully refuses to surrender the official seal, or any books or papers, appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor. Applicant's title. The applicant's title to the office should be clear and free from reasonable doubt, or the delivery of the official books and papers should not be compelled. People v. Stevens, 5 Hill, 616. When warrant to be issued. When a Person refuses to deliver up the official books and papers, after the legal appointment of his successor a proper case is made out for the issuing of a warrant. Matter of Whiting, 2 Barb. 513; Matter of Davis, 19 How. 323. § 58. Administrative officers. The various provisions of this chapter which relate to executive officers apply to administrative officers in the same manner as if administrative and executive officers were both mentioned. CHAPTER VI. RAILROADS IN VILLAGES. THE RAILROAD LAW. Laws 1890, Chapter 565, and being Chapter XXXIX of the General Laws. SECTION 11. Intersection of highways, additional lands for. 13. Change of route, grade or terminus. 16. Tunnel roads. 33. Signboards and flagmen at crossings. 90. Street surface railroad; general provision. 91. Consent of property owners and local authori- 92. Consent of local authorities; how procured. 98. Repair of streets; rate of speed; removal of ice 108. Road not to be constructed upon ground occupied by public buildings or in public parks. THE TRANSPORTATION CORPORATION LAW. (Pipe Line Corporations.) Laws 1890, Chapter 566, and being Chapter XL of the General Laws. SECTION 44. Construction across and along canals, rivers and creeks. 45. Consent of local authorities. 46. Construction through cities and villages. LAWS 1893, CHAPTER 239. SECTION 1. Court may order crossing of tracks, etc., by street surface railroad companies. 2. Crossing of tracks at grade. RAILROAD LAW. LAWS 1890, CHAPTER 565, AND BEING CHAPTER XXXIX OF THE GENERAL LAWS. § 11. Intersection of highways, additional lands for. No railroad corporation shall erect any bridge or other obstruction across, in or over any stream or lake, navigated by steam or sail boats at the place where it may be proposed to be erected, nor shall it construct its road in, upon or across any street of any city without the assent of the corporation of such city, nor across, upon or along any highway in any town or street in any incorporated village, without the order of the supreme court of the district in which such highway or street is situated, made at a special term thereof, after at least ten days' written notice of the intention to make application for such order shall have been given to the commissioners of highways of such town, or board of trustees of the village in which such highway or street is situated. Every railroad corporation which shall build its road along, across or upon any stream, watercourse, street, highway, plankroad or turnpike, which the route of its road shall intersect or touch, shall restore the stream or watercourse, street, highway, plankroad or turnpike, thus intersected or touched, to its former state, or to such state as not to have unnecessarily impaired its usefulness, and any such highway, turnpike or plankroad may be carried by it, under or over its track, as may be found most expedient. Where an embankment or cutting shall make a change in the line of such highway, turnpike or plankroad desirable, with a view to a more easy ascent or descent, it may construct such highway, turnpike or plankroad, on |