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on refusal to pay fare

32. If any passenger shall refuse to pay his fare or toll, Provision 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 or toll usual stopping place the conductor shall elect.


33. Every such corporation shall start and run their cars Cars to be for the transportation of passengers and property, at regular seat times to be fixed by public notice, and shall furnish sufficient hours. accommodations for the transportation of all such passengers and property, as shall within a reasonable time previous thereto, offer or be offered for transportation at the place of starting and the junctions of other railroads, and at sidings and stopping places established for receiving and discharging way passengers and freights; and shall take, transport and discharge such passengers and property at, from and to such places, on the due payment of the tolls, freight or fare legally authorised therefor.

§ 34. In case of refusal by such corporation or their Penalty. agents so to take and transport any passenger or property, or to deliver the same or either of them at the regular or appointed time, such corporation shall pay to the party aggrieved, all damages which shall be sustained thereby with costs of suit.

shall be af

package or

35. A check shall be affixed to every package or parcel A check of baggage when taken for transportation by the agent or fixed to servant of such corporation, and a duplicate thereof given to baggage. the passenger or person delivering the same on his behalf. And if such check be refused on demand, the corporation shall pay to such passenger the sum of ten dollars, to be recovered in an action of debt, and further no fare or toll shall be collected or received from such passenger, and if such passenger shall have paid his or her said fare, the same shall be refunded by the conductor in charge of the train, and on producing said check, if his or her baggage shall not be delivered to him or her, he or she may, himself or herself, be a witness in any suit brought by him or her to prove the contents and value of said baggage.

relative to

baggage or

§36. In forming a passenger train, baggage, or freight, or Provision merchandise or lumber cars, shall not be placed in rear of passenger cars; and if they or any of them shall be so placed, freight cars 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.

placed on

at cer

$37. A bell of at least thirty pounds weight shall be Bells to be placed on each locomotive engine, and be rung at the dis- locomiotance of at least eighty rods from the place where the rail- tives and road shall cross any road or street, and be kept ringing until tain places. it shall have crossed such road or street; under a penalty of fifty dollars for every neglect, to be paid by the corporation

sing of

roads or


owning the railroad, one half thereof to go to the informer and the other half to the state, and also be liable for all damages which shall be sustained by any person, by reason of such neglect.

Boards to § 38. Every such corporation shall cause boards to be at the cros 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 travelers; and on each side of such boards shall be painted in capital letters of at least the size of nine inches each, the words, "railroad crossing, look out for the cars while the bell rings;" but this section shall not apply to streets in cities or villages, unless the corporation be required to put up such boards by the officers having charge of such streets.

Penalty for intoxication.

Penalty for

39. If any person shall, while in charge of a locomotive engine running upon the railroad of any such 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.

§ 40. If any person shall wilfully do or cause to be done, road, &c. any act or acts whatever, whereby any building, 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 or persons so offending shall be guilty of a misdemeanor, and shall forfeit and pay to the said corporation, treble the amount of damage sustained by means of such offence.



§ 41. All penalties imposed by this act, except the penalty how sued imposed by the twenty-fifth section thereof, may be sued for by any district attorney, and in the name of the people of the state of New-York, and if such penalty be for a sum not exceeding one hundred dollars, then such suit may be brought before a justice of the peace.

Fences to

tained on

§42. Such corporation shall erect and maintain fences on be the sides of their road, of the height and strength of a division the sides of fence as required by law, with openings and gates therein, the roads. and farm crossings of the road for the use of the proprietors

of lands adjoining such railroad, and also construct and maintain cattle guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on to the railroad. Until such fences and cattle-guards shall be duly made, the corporation and its agents shall be liable for all damages which shall be done by their agents or engines, to cattle, horses, or other animals thereon, and after such fences and guards shall be duly made, the corporation_shall not be liable for any such damages, unless negligently or

wilfully done, and if any person shall ride, lead or drive any horse or other animal upon such road, and within such fences and guards, other than at farm crossings, without the consent of the corporation, he shall for every such offence forfeit a sum not exceeding ten dollars, and shall also pay all damages which shall be sustained thereby to the party aggrieved.

43. Every such corporation shall, within a reasonable. time after their road shall be located, cause to be made :

profile of

made and

maps filed.

1. A map and profile thereof, and of the land taken or Map and obtained for the use thereof, and file the same in the of roads to be fice of the state engineer and surveyor. And also like of the parts thereof located in different counties, and file the same in the offices for recording deeds, in the county in which such parts of said road shall be, there to remain on file as of record forever. Every such map shall be drawn on a scale and on paper, to be designated by the state engineer and surveyor, and certified and signed by the president of such corporation.

2. A certificate specifying the line upon which it is proposed to construct the railroad, and the grades and curves. § 44. If any such corporation shall not, within two years after its incorporation, begin the construction of its road, and expend thereon ten per cent on the amount of its capital, and finish the road and put it in full operation in five years, its act of incorporation shall become void.

Time limi


45. The legislature may at any time amend or annul or Right to repeal any corporation formed or created under this act ; but repeal. such amendment or repeal shall not, nor shall the dissolution of any such corporation take away or impair any remedy given against any such corporation, its stockholders or officers, for any liability which shall have been previously in


railroads to

be subject

ties con

46. All existing railroad corporations within this state, Existing shall respectively have and possess all the powers and privi-possess the leges, and be subject to all the duties, liabilities and pro-powers & visions contained in this act, so far as they shall be applica- to the duble to their present conditions, and not inconsistent with ained in their several charters; and all railroad companies that are this act. now constructing their roads, may acquire title to any lands. necessary for that purpose, under the provisions of this act : Provided that nothing in this act contained, shall authorise Proviso. 'any existing railroad company to carry freight without the payment of canal tolls, pursuant to the act entitled "An act relating to the transportation of freight on certain railroads,' passed May 12, 1847.

§ 47. This act shall take effect immediately.

Money may be

CHAP. 141.

AN ACT to authorise the Presbyterian congregation of Middleport, in the county of Niagara, to borrow money.

Passed March 28, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

1. The trustees of the Presbyterian congregation of borrowed Middleport, in the county of Niagara, are hereby authorised to borrow a sum of money not exceeding five hundred dollars, to pay off and liquidate the debts of said society, and for that purpose to mortgage the said church edifice and the lot and premises on which the same stands; and a mortgage duly executed by the president and secretary of said board of trustees, under the corporate seal of said congregation or society, shall be a valid and binding security.


Time ex



CHAP. 142.

AN ACT to repeal an act entitled "An act to annex a part of the town of Shawangunk to the town of Platt kill, in the county of Ulster."

Passed March 28, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The act entitled "An act to annex a part of the town of Shawangunk to the town of Plattekill, in the county of Ulster," passed April 30, 1846, is hereby repealed. §2. This act shall take effect immediately.

СНАР. 143.

AN ACT to amend an act entitled "An act relating to the New-York and Harlem Railroad Company," passed May 7, 1840, and the acts amending the same.

Passed March 29, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

1. The time limited by the act in relation to the NewYork and Harlem Railroad Company, passed May 11, 1846, for finishing and putting in operation not less than fifty miles. of their railroad beyond White Plains, in the county of Westchester, is hereby extended from the first day of June, eighteen hundred and forty-eight, to the thirty first day of December, eighteen hundred and forty-eight.

§ 2. The capital stock of the New-York and Harlem railbe incres'd road company may be increased one million five hundred

stock may

thousand dollars, to be issued as a preferred stock, and bearing such rates of dividends payable out of the nett earnings of the road, as the board of directors may prescribe, to enable said company to pay their debts and complete their road to Dover plains.


§3. The b ard of directors shall open books of subscrip- Subscription for the additional stock authorised by this act, and said o books shall be kept open from time to time, until the whole amount required shall have been subscribed, ten days previous notice of the time and place of opening said books having been given in four of the daily newspapers printed in the city of New-York.

ers who


§4 The transfer books of said company shall be closed Stockholdfive days prior to the opening of said books of subscription, shall have and the stockholders of the said company whose names shall subscribe. then be standing on the stock books of said company, shall have the exclusive right of subscribing for such additional stock during the first three days from the opening of said books and if more shall be subscribed for by such stockholders than the sum hereby authorised, the same shall be apportioned among the stockholders so subscribing according to the amount of stock then standing in the names of the said subscribers on the stock books of the company; and if the whole amount of such additional stock should not be subscribed by the stockholders of the company, the board of directors shall then be authorised to receive additional subscriptions from time to time from any other persons, until the whole amount of such additional stock shall be taken up. §5. The board of directors shall prescribe and announce Payments. with the proposal for such subscription, the time and manner in which the payments for such additional stock shall be made.

and N. Ha

thorized to

from point

§ 6. The New-York and New-Haven Railroad Company is New-York hereby authorised to enter upon and run their cars and en- ven comgines for passengers, freights, mails, expresses and other busi-pany au. ness, over the road of the New-York and Harlem Railroad run cars Company, from the point of junction of the roads of said of junction. companies at or near William's bridge, in the county of Westchester, to the city of New-York, and as far into said city as the said Harlem railroad may extend, upon such terms and to such point as has been or may hereafter be agreed upon by and between said companies; a copy of such agreement or agreements to be duly authenticated and filed in the office of the secretary of state of this state; and to take, transport and convey persons and property upon the said Harlem railroad, by the power and force of steam or animals or any mechanical power or combination of the


§ 7. This act shall take effect immediately.

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