Organization, General Powers, Location.

§ 18

ernments, such grants, concessions or privileges, for the construction, acquisition, maintenance and operation of railroads, telegraph lines and vessels, as may be consistent with the purposes of the corporation, and as may be granted and conceded to it, and to hold the same, under such restrictions and with such duties and liabilities as may be fixed by the laws of such foreign country, nation or government, or as may be annexed to such grants or concessions.

3. To construct, acquire, maintain and operate the lines of railroad, telegraph and shipping provided for by its certificate of incorporation, and to take and hold by purchase or by voluntary grant such real estate and other property in foreign countries as may be necessary and convenient for the construction, maintenance and accommodation of such lines, and to sell, convey, mortgage or lease such real estate or other property; and to acquire by purchase or otherwise any railroad or lines of telegraph constructed or in process of construction in any foreign country, and any grants, concessions, franchises, rights, privileges and immunities relating thereto, and to issue therefor the capital stock of the company or any part thereof at such valuation or valuations and on such terms as may be agreed upon, and to mortgage or sell and convey such railroad or lines of telegraph constructed or in process of construction in any foreign country, and any grants, concessions, franchises, rights, privileges and immunities relating thereto, or any part of its property to any person or corporation created by this or any other state. or foreign government, subject to the laws of the country or countries where such property may be, and the powers of sale hereby granted shall be exercised only by a majority of the entire board of directors of the corporation, with the written concurrence of the holders of two-thirds in amount of its capital stock.

4. To take and convey persons and property on its transportation lines by the power or force of steam or of animals, or by mechanical or other power, and receive compensation therefor subject to the laws of the place or country where the same are situated.

5. To acquire and use such real estate and other property in this state as may be necessary in the conduct of its business, but the value of such real estate held at any one time shall not exceed the sum of one million dollars. (As amended by chap. 504 of 1897, 1.)

§ 19. Location of principal office of such road.--Every such corporation shall maintain its principal office within this state and shall have during business hours, an officer or agent upon whom service of process may be made, and shall hold in this state at least one meeting of the stockholders in each year for the choice of directors, which shall be known as the annual meeting and be held at the time and place fixed by the by-laws of the corporation. (As amended by chap. 676. of 1892.)

§ 20. Individual, joint stock association, or other corporation may lay down and maintain railroad tracks in certain cases. Any individual, joint stock association or corporation, engaged in any lawful business in this state, may, except in any city of the state, lay down and maintain such railroad tracks on or across any street or highway, not exceeding three miles in length, as shall be necessary for the transaction of its business, and to connect any place of business owned by them with the track of any railroad corporation, and render such place of business more accessible to the public, upon obtaining the written consent of the owners of all the lands bounded on and of the local authorities having control of that portion of the street or highway upon which it is proposed to construct or operate such railroad. If the consent of such property owners cannot be ob tained, the general term of the supreme court of the department in which such railroad is 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 constructed or operated, and the amount of damages, if any, to be paid to such property owners, and their determination confirmed by the court may be taken in lieu of the consent of the property owners. But no such railroad shall be so located, graded, built or operated as to interfere with or obstruct the traveled part of any highway, or its use as a highway, or the use of any street or highway intersecting the same.

am's 1901 c. 731 § 21. Powers of electric light and power corporations.-Whenever all the stockholders of any domestic electric light and power company incorporated under a general or special law, having not less than five stockholders, and actually engaged in carrying on business in this state, shall execute and file, in the offices in which its original certificates of incorporation are filed, an amended certificate of incorporation, complying in every other respect as to the number of signers and directors, who shall not

Organization, General Powers, Location.

§ 21

be less than five, with the provisions of the railroad law, and in which certificate the corporate name of such corporation shall be amended by adding before the word "company," in its corporate name, the words, "and railroad," or the words, "railroad and land," such corporation shall have the right to build, maintain and operate by electricity as a motive power, a railroad or railroads, not exceeding twenty-five miles in length, and within that distance from the power station, and shall also have the right to acquire the property and franchises of a railroad company or companies owning such a railroad or railroads, already constructed, and so operated, and to maintain and operate the same, provided that the directors of such railroad company or companies and all of its or their stockholders shall first have assented in writing to the transfer of the property and franchises of such railroad company or companies, to such corporation; in which event and by the filing of such assent of directors and stockholders in the offices where the certificates of incorporation of the railroad company or companies were required to be filed, the rights, property and franchises of such railroad company or companies shall be transferred to, and shall vest in such corporation, and such corporation so acquiring such railroad or railroads shall be subject to all the provisions of chapter thirty-nine of the general laws with respect to the railroad property or properties and franchises, and shall have all the powers, rights and privileges conferred by said chapter upon railroad corporations; provided that no such corporation shall construct any railroad which is in whole or in part a street surface railroad without complying with the provisions of article four of the railroad law. Upon filing such certificate, such corporation shall also have the right to acquire by gift or by voluntary purchase and sale, land not exceeding two thousand acres along the line of, or contiguous to, said railroad, and to hold, improve, lease or sell same. And whenever any such corporation shall furnish power to any water-works corporation carrying on its business in the county in which the operations of such corporation are carried on, it may acquire the shares of the capital stock of said water-works corporation, and, if such corporation shall become the owner of all the stock of said waterworks corporation, it may, on executing and filing a certificate in accordance with the requirements of section fifty-eight of the stock corporations law, become possessed of all the estate, rights, property, privileges and franchises of such water-works corpora

tion, with the effect provided in said section fifty-eight. This section shall not confer any powers upon any corporation located in, or authorize the construction, maintenance or operation of a railroad in a city of the first or second class. (Added by chap. 676 of 1892 and amended by chap. 648 of 1894 and chap. 170 of 1898, § I.)

21. When electric light and power company may become a railroad corporation.-Any corporation, whose railroad is or shall be not longer than sixteen miles and is or shall be in large part intended for or used in summer travel or the convenience of summer sojourners need not operate its road beyond the months of June, July, August and September, inclusive. The motive power may be electricity. If the road be not longer than ten miles, such corporation may fix and collect fare for transporting each passenger, together with ordinary baggage, if any, not to exceed fifteen cents for each mile and fraction thereof. (Added by chap. 700 of 1892.)

§ 22. Substituted lines in cases of eminent domain.-Where a portion of a steam surface railroad or branch thereof, shall be specifically authorized by statute to be taken for any other public use, and such portion lies wholly outside of any city, any corporation owning or operating such portion may locate, as provided in section six of this article, and may construct and operate, in substitution for such portion, and with proper connections with the former line, a new line of steam surface railroad, wholly or partly in the same or any adjoining county, and wholly outside of any city, and not exceeding twenty-five miles in length, in the manner, with the powers and subject to the limitations and requirements provided in this chapter with respect to steam surface railroads. (Added by chap. 656 of 1898, § 1.)

23. Section 24 of stock corporation law not to apply.Section twenty-four of the stock corporation law does not apply to a railroad corporation. (Added by chap. 80 of 1898, § 1.)

ARTICLE II.

CONSTRUCTION, OPERATION AND MANAGEMENT.

SECTION 30. Liability of corporation to employes of contractor. 31. Weight of rail.

32. Fences, farm-crossings and cattle-guards.

33. Sign-boards and flagmen at crossings.

Construction, Operation and Management.

SECTION 34. Notice of starting trains; no preferences.
35. Accommodation of connecting roads.

36. Locomotives must stop at grade crossings.
37. Rates of fare.

38. Legislature may alter or reduce fare.

39. Penalty for excessive fare.

40. Passengers refusing to pay fare may be ejected.

41. Sleeping and parlor cars.

§ 30

42. Persons employed as drivers, conductors, motormen and gripmen. 43. Conductors and employes must wear badges.

44. Checks for baggage.

45. Penalties for injury to baggage.

46. Unclaimed freight and baggage.

47. Tickets and checks for connecting steamboats.

48. Rights and liabilities as common carriers.

49. Switches; warning signals; guard posts; automatic couplers; automatic or other safety brake; tools in passenger cars; water.

50. Railroad commissioners may approve other safeguards.

51. Use of stoves or furnaces prohibited.

52. Canada thistles to be cut.

53. Riding on platform; walking along track.

54. Corporations may establish ferries.

55. Certain railroads may cease operations in winter.

56. Mails.

57. Corporations must make annual report.

58. When conductors and brakemen may be policemen.

59. Requisites to exercise of powers of future railroad corporations. 59a. Railroad commissioners may certify part of the route of a street Power to revoke certificates. Street sur

surface railroad.

face railroad extension.

59b. Consent to certain railroads in Saratoga and Washington counties may be revoked.

60. Grade crossings of steam railroads.

61. New street, avenue or highway.

62. Alteration in crossing; petition by municipal authorities.

63. Municipal corporation may purchase land.

64. Repair and maintenance of bridges and subways.

65. Expenses, how borne.

66. Powers of railroad commissioners as to change of existing

crossings.

67. Compliance with provisions of act.

67a. Municipality may borrow to meet expense of act.

68. Crossings by street surface railroads.

69. Application of provisions.

30. Liability of corporation to employes of contractor.An action may be maintained against any railroad corporation by any laborer for the amount due him from any contractor for the construction of any part of its road, for ninety or any less