described by map or otherwise, with convenient accuracy and certainty. The court upon such certificate and due proof that such compensation and separate sums, if any be certified, have been paid to the parties entitled to the same, or have been deposited to the credit of such parties in some bank, for that purpose approved by the court, shall make and cause to be entered in its minutes a rule describing such lands, real estate and property in manner aforesaid, such ascertainment of compensation, with the mode of making it, and such payment or deposit of the same compensation as aforesaid; a certified copy of which rule shall be recorded and indexed in the proper ⚫ clerk's or register's office, in the like manner and with the like effect, as if it were a deed of conveyance from the said owners and parties interested to the said corporation. Upon the entry of such rule the said corporation shall become entitled to use and occupy all lands, real estate and property described in said rule, as required to be taken as aforesaid, during the continuance of the corporation, by this or any subsequent act; and may take possession of, hold and use the same for the purposes of said road, and shall thereupon be discharged from all claims for damages by reason of any matter specified in the said petition, certificate or rule of court If at any time after an attempted or actual ascertainment of compensation under this or any other act, or any purchase by, or donation to the said corporation of any lands for the purposes aforesaid, it shall appear that the title, thereby acquired to all or any part of such lands for the use of said road, or of said corporation, shall fail or be deemed defective, the said corporation may proceed anew to perfect such title by procuring an ascertainment of the compensation proper to be made to any person or persons whose title, claim or interest in or lien upon such lands shall not have been compensated and extinguished according to law, and by making payment thereof in the manner hereinbefore provided as near as may be. And at any stage of such new proceedings or of any proceedings under this act, the court may by a rule in hat behalf made, authorise the said corporation, if already in possession, to continue in the use or possession, and if not in possession, to take possession of and use such premises during the pendency and until the final conclusion of such proceedings; and may stay all actions or proceedings against such corporation on account thereof, provided such corporation shall pay a sufficient sum into court or give approved security to pay the compensation in that behalf when ascertained; and in every case where possession shall be so authorised, it shall be lawful for the owner or owners to conduct the proceedings to a conclusion, if the same shall be delayed by the said company. The said commissioners shall be entitled to receive from said corporation their reasonable disbursements

and a compensation not exceeding two dollars for each day. actually employed by them in the discharge of their duties; such compensation and disbursements to be taxed and allowed by the court. If any commissioner so appointed shall die, be unable or fail to serve, the court may appoint another in his place on reasonable notice of the application to be approved by the court. The proceedings hereby authorised, may be had in the supreme court, in a county where the lands lie, and all motions to the supreme court for the appointment of commissione:s, shall be made at a general or special term thereof in such county, or in an adjacent county. The said commissioners shall file their said certificate in the county where the lands to be affected may lie, or in any adjacent county, and any clerk shall transfer the same and proceedings connected therewith, to the clerk of the county in which the land to be affected may lie, or of any county adjacent thereto whenever such commissioners or clerk shall be so required by the said corporation, its agent or attorney, provided that nothing in this section contained shall prevent the present legislature, before adjournment, from acting upon and determining the public use of such proposed railroads as have been or may be applied for at the present session.

respecting

&c.

21. In case any married woman, infant, idiot or insane Provision person, or any unknown owner, or owner not personally no- married tified to appear, and who shall not appear after such notice women, on the appointment of commissioners, shall be interested in any such lands, real estate and property, the court shall appoint some proper person to appear before the said commissioners and act as attorney for and in behalf of such married woman, infant, idiot, insane person, unknown owner or nonappearing owner, not personally served with notice.

road may

§ 22. If at any time after the location of the track of said Line of the road, in whole or in part, and the filing of the map thereof, be improv it shall appear to the directors of said company, that the line ed in some parts thereof may be improved, it shall be lawful for the said directors from time to time to alter the line and cause a new map to be filed in the office where the map showing the first location is or shall be filed, and may thereupon proceed to take possession of the lands embraced in such new location, that may be required for the construction and maintenance of said road on such new line, and the convenient accommodations appertaining to the same, and acquire the same either by agreement with the owner or owners, or by such proceedings, as near as may be, as are authorised under the preceding sections of this act, and use the same in place of the line for which the new line is substitut

ed.

Provision in case of

§ 23. Whenever the track of said railroad shall cross a railroad or highway, such railroad or highway may be carried crossing a

railroad or under or over the track, as may be found most expedient, and highway in cases where an embankment or cutting shall make a

Provision

land be

the state.

change in the line of such railroad or highway desirable, with a view to a more easy ascent or descent, the said company may take such additional lands for the construction of such road or highway on such new line as may be deemed requisite by said directors. Unless the lands so taken shall be purchased or voluntarily given for the purposes aforesaid, compensation therefor shall be ascertained in the manner in this act provided, as nearly as may be, and duly made by the said corporation to the owners and persons interested in such lands, the same, when so taken, on compensation made, to become part of such intersecting railroad or highway, in such manner and by such tenure as the adjacent parts of the same highway may be held for highway purposes.

24. If any such corporation shall, for its purposes aforerespecting said, require any land belonging to the people of this state, longing to or to any of the counties or towns, the commissioners of the land office, and county and town officers respectively having charge of such lands may grant such lands to such corporation, for a compensation which shall be agreed upon between them, and if they shall not agree upon a sale and price, the same may be taken by the corporation as is before provided in respect to other cases

canal fund

cases for goods

transport'd

Tolls to be § 25. If the transportation of property on the railroad of paid to the any company formed under this act, running parallel or in certain nearly parallel to any cana! of the state, and within thirty miles of said canal, other than ordinary baggage of passengers transported thereon, shall, in the opinion of the legislature, divert business of transporting property from any of the canals belonging to this state, the company owning such railroad shall pay to the canal fund, on all property transported upon its railroad other than the ordinary baggage of passengers transported thereon, the same tolls that would have been payable to the state, if such property other than such baggage, had been transported on any of such canals. And every such company shall make returns, at such times and in such manner as the commissioners of the canal fund shall prescribe, of all the property transported on its railroad, except the ordinary baggage of passengers transported on the same. And the said commissioners are hereby authorised and required to prescribe the manner in which such tolls so payable to the canal fund by such company, shall be collected and paid; and to enforce the collection and payment thereof, and to make such regulations as they shall deem proper for that purpose; and every such company that shall neglect or refuse to comply with any such regulation, shall forfeit to the people of this state the sum of five hundred dollars for every day it shall so neglect or refuse; and in every

case of such forfeiture, it shall be the duty of the attorneygeneral to prosecute such company for the penalty, in the name of the people.

when to

the state.

26. If the legislature of this state shall, after the expira- Railroads tion of ten, and within fifteen years from the completion of become any such road, make provision by law, for the re-payment to vested in any such company of the amount expended by them in the construction of the said road, together with all monies for permanent fixtures, and the actual value of the cars, engines, machinery chattels, and real property then in use for the said road, with interest on such sums at the rate of ten per cent. per annum, together with all monies expended by said company for repairs or otherwise, for the purposes of said road, after deducting the amount of tolls, freights and passage money received on said road, then the said road with all its fixtures and appurtenances aforesaid shall vest in and become the property of the people of this state.

and other

"badge

§ 27. Every conductor, baggage master, engineer, brake- Conductors man or other servant of any such railroad corporation em- servants to ployed in a passenger train, or at stations for passengers, wear a 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.

port to be

neer and

28. Every such corporation shall make an annual report Annual reto the state engineer and surveyor, of the operations of the made to year, ending on the first day of January, which report shall state engibe verified by the oaths of the treasurer, and acting superin- surveyor. tendent of operations, and filed in his office by the twentieth of January in each year, and shall state :

1. The capital stock and the amount actually paid in. 2. The amount expended for the purchase of land, for the construction of the road, for buildings, and for engines and cars, respectively.

3. The amount and nature of its indebtedness, and the amount due the corporation.

4. The amount received for the transportation of passengers, of property, of the mails, and from all other sources.

5. The amount of freight, specifying the quantity in tons, of the products of the forest, of animals, of vegetable food, other agricultural products, manufactures, merchandise, and other articles.

6. The amount paid out for repairs, engines, cars, building and salaries.

Penalty for neglect.

Legisl❜ture may reduce rates of toll

Provision relative to

mail.

7. The number and amount of dividends, and when made.

8. The number of engine houses and shops; of engines and cars, and their character.

9. The number of miles run by passenger, freight and other trains respectively.

10. The number of men employed, and their occupations. 11. The number of persons injured in life or limb, and the cause of such injuries.

.

12. Whether any accidents have arisen from carelessness or negligence of any person in the employment of the corporation, and whether such person is retained in the service of the corporation.

§ 29. Any such corporation which shall neglect to make such report, shall be liable to a penalty of two hundred and fifty dollars, to be sued for in the name of the people, for

their use.

§ 30. The legislature may, when any such railroad shall be opened for use, from time to time, alter or reduce the rate of tolls, freight, fare, or other profits upon such road; but the same shall not, without the consent of the corporation, be so reduced, as to produce with said profits less than ten per centum per annum, on the capital actually paid in; nor unless on an examination of the amounts received and expended, to be made by the state engineer and surveyor and the comptroller, they shall ascertain the nett income derived by the company from all sources for the year then last past, shall have exceeded an annual income of ten per cent. upon the capital of the corporation actually paid in.

31. Any such corporations shall when applied to by the carrying postmaster general, convey the mail of the United States on the U. S their road or roads respectively; and in case such corporation shall not agree as to the rate of transportation therefor, and as to the time, rate of speed, manner and condition of carrying the same, it shall be lawful for the governor of this state to appoint three commissioners, who, or a majority 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 compensation 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 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.