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 seized in fee of all the lands and real estate 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 and hold and use the same for the purposes of said road, and shall thereupon be discharged from all claim for any damages by reason of any matter specified in said petition, certificate, or rule of saíd 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 said corporation, of any lands for the purposes aforesaid, it shall appear that the title acquired thereby to all or any part of such lands for the use of said road, or if 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, and by making payment thereof in the manner hereinafter 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 that behalf made, authorise the said corporation, if already in 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 and 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 authorized, it shall be lawful for the owners to conduct the proceedings to a conclusion, if the same shall be delayed by the company. The said commissioners shall be entitled to receive from said corporation a compensation not exceeding two dollars for each day actually employed by them in the discharge of their duties. Such compensation 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 authorized may be had in the circuit court in a county where the lands lie, and all motions to the circuit court shall be made at a general or special term thereof in said county. The said commissioneis shall file the said certificate in the county where the lands to be affected may lie, or in any adjacent county, and any clerk may transfer the same and the proceedings connected therewith to the clerk of the county in which the lands to be affected may lie, or

Duty of court.

Line may be altered.

Highways, how crossed.

of any county adjacent thereto, whenever such commissioner or clerk shall be so required by said corporation, its agent or attorney. And the legislature hereby reserves [the right] to itself to indicate the routes and termini of said roads, and the same shall not be constructed or commenced without the expressed sanction of the legislature of this state, by a law to be passed hereafter.

§ 23. In case any infant, idiot, or insane person, or any unknown owner or owners, not personally notified to appear, and who shall not appear after such notice, 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 infant, idiot, insane person, unknown owner, or non-appearing owner, not personally served with notice.

§ 24. If at any time after the location of the track of said road, in whole or in part, and the filing of the map thereof, it shall appear to the directors of said company that the line 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, either by agreement with the owner or owners, or by such proceedings, as near as may be, as are authorized under the preceding section of this act, and use the same in place of the line for which the new is substituted. Nothing in this act contained shall authorize the said company to make a location of their track within any city without the consent of the common council of said city.

§ 25. Whenever the track of said railroad shall cross a road or highway, such road or highway may be carried under or over the track, as may be found most expedient; and in cases where an embankment or cutting shall make a change in the line of such road 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, or 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 said corporation to the owners and persons interested in such lands, the same when so taken or compensation made to become part of such intersecting road or highway, in such

manner and by such tenure as the adjacent parts of the same highway may be held for highway purposes.

granted.

badge.

с

26. If any such corporation shall, for its purpose afore- Lands may said, require any land belonging to the people of this state, or to any of the counties or towns, the general assembly of the state and the county or town officers, respectively, having charge of such lands, may grant such lands to such corporations 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. § 27. Every conductor, baggage-master, engineer, Officers to wear 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 said officers or servants, without such badge, shall have any authority to meddle or interfere with any passenger, his baggage, or property.

28. Every such corporation shall make an annual re- Annual report, port to the secretary of this state, of the operations of the year ending on the first day of January; which report shall be verified by the oaths of the treasurer and the acting superintendent of operations, and filed in his office by the twentieth day of January, in each year, and shall state

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

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

4th. The amount received for the transportation of passengers, of property, of the mails, and from other sources; 5th. The amount of freight, specifying the quantity in tons, of the products of the forests, of animals, of vegetable food, other agricultural products, manufactures, merchandize, and other articles;

6th. The amount paid for repairs, engines, cars, buildings, and salaries;

7th. The number and amount of dividends, and when paid;

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

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

10th. The number of men employed, and their occupa tion;

Ienalty.

roperty to be listed.

I ens.

T's may be alicred, &c.

To carry mails.

11th. The number of persons injured in life or limb, and the causes of such injury;

12th. 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 of this

state.

§ 30. The property belonging to any company organized under the provisions of this act, shall be listed by the resident secretary or other proper officer, with the auditor of state, which shall be subject to the same rate of taxation as other similar property of individuals, and the revenue arising therefrom shall be paid into the state treasury, until the entire extinction of the internal improvement debt of the state, after which the said property shall be subject to taxation, and the revenue arising therefrom paid as in the case of all other property in the state. The revenue derived under this section to be applied to the payment of the public debt of the state.

§ 31. The state shall have a lien upon all railroads of said corporations, and their appurtenances and stock therein, for all penalties, taxes, and dues which may accrue to the state from said corporations; which lien of the state shall take precedence of all demands, judgments, or decrees, against said corporations; and the citizens of this state shall have a lien upon all personal property of said corporation to the amount of one hundred dollars, originally contracted within this state; which, after said lien of the state, shall take precedence of all other debts, demands, judgments or decrees, liens or mortgages, against said corporation.

§ 32. The legislature may, when any such railroad shall be opened for use, from time to time, alter or reduce the rates of toll, fare, freight, 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 fifteen per cent. per annum on the capital actually paid in; nor, unless on an examination of the amounts received and expended to be made by the secretary of state, he shall ascertain that the nett income divided by the company from all sources for the year then last past shall have exceeded an annual income of fifteen per cent. upon the capital of the corporation actually paid in.

33. Any such corporation shall, when applied to by the postmaster general, convey the mail of the United States on their road or roads, respectively; and in case such corporation shall not agree as to rates of transportation thereof, and as to time, rate of speed, manner and condition of car

rying 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, times, and condition aforesaid, but such prices 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 merchandize transported in their merchandize 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, and 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 aforesaid.

fare.

§ 34. If any passenger shall refuse to pay his fare or Penalty on retoll, it shall be lawful for the conductor of the train and the fusal to pay servants of the corporation to put him out of the cars at any usual stopping place the conductor shall select.

Regular times

§ 35. Every such corporation shall start and run their cars for the transportation of passengers and property, at to be fixed. regular times to be fixed by public notice, and shall furnish sufficient 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 freight, and shall take, transport, and discharge such passengers and property at, from, and to such places on the due payment of tolls, freight or fare, legally authorized therefor.

§ 36. In case of the refusal by such corporation, or Penalty of cortheir agents, so take and transport any passengers or pro- poration. perty, or to deliver the same or either of them at the

regu

lar or appointed time, such corporation shall pay to the party aggrieved all damages which shall be sustained thereby,

with costs of suits.

placed.

§ 37. In forming a passenger train, baggage or freight Trains, how or merchandize or lumber cars shall not 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 of- Penalty for negficer or agent who so directed or knowingly suffered such lect. arrangement, and the conductor or engineer of the train,

shall each and all be held guilty of intentionally causing the injury, and be punished accordingly.

§ 38. A bell of at least thirty pounds weight, or a steam Bell or whistle whistle, shall be placed on each locomotive engine, and to be kept. shall be rung or whistled, at the distance of at least eighty rods from the place where the said road shall cross any other road or street, and be kept ringing or whistling until