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 cer tificates 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 chap ter 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. Whenever any such corporation shall furnish power to any water-works corporation carry ing on its business in the county, or in a county adjoining that 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 water-works corporation, it may, on executing and filing a certificate in accordance with the requirements of section fifty-eight of the stock corporations law, become pos sessed of all the estate, rights, property, privileges and franchises of such water-works corporation, 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, except in that part of any city of the first class which is or may be situate in a county of less than one hundred thousand inhabitants, according to the last preceding enumeration for the national census. Thus amended by chap. 731, Laws of 1901. *§ 21. 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. This section added by chap. 700, Laws of 1892. Substituted lines in cases of eminent domain. § 22. 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 twentyfive 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. This section added by chap. 656, Laws of 1898. § 23. Section twenty-four of the stock corporation law does not apply to a railroad corporation. This section added by chap. 80, Laws of 1898. *So in the original. 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 or gates at crossings. 34. Notice of starting trains; no preferences. 35. Accommodation of connecting roads. 36. Locomotives must stop at grade crossings; interlocking devices at street and steam railroad grade crossings. 37. Rates of fare. 38. Legislature may alter or reduce fare; anti-ticket scalping act. 39. Penalty for excessive fare. 40. Passenger refusing to pay fare may be ejected. 41. Sleeping and parlor cars. 42. Persons employed as drivers, conductors, motormen or gripmen 42a. Employers' liability. 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. 49a. Inspection of locomotive boilers. 49b. State inspector of locomotive boilers. 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 and quarterly and further reports. SECTION 58. Policemen. 59. Requisites to exercise of powers of future railroad corporations. 59b. Revocation of certificate under certain circumstances. Liability of corporation to employes of contractor. § 30. An action may be maintained against any railroad cor poration by any laborer for the amount due him from any con tractor for the construction of any part of its road, for ninety or any less number of days' labor performed by him in constructing such road, if within twenty days thereafter a written notice shall have been served upon the corporation, and the action shall have been commenced after the expiration of ten days and within six months after the service of such notice, which shall contain a statement of the month and particular days upon which the labor was performed and for which it was unpaid, the price per day, the amount due, the name of the contractor from whom due, and the section upon which performed, and shall be signed by the laborer or his attorney and verified by him to the effect that of his own knowledge the statements contained in it are true. The notice shall be served by delivering the same to an engineer, agent or superintendent having charge of the sec tion of the road, upon which the labor was performed, personally, or by leaving it at his office or usual place of business with some person of suitable age or discretion; and if the corporation has no such agent, engineer or superintendent, or in case he cannot be found and has no place of business open, service may in like manner be made on any officer or director of the cor poration. See chap. 392, Laws of 1875, post; see sections 48, 54 and 62, Stock Corporation Law, ante; see section 8, Labor Law, chaps. 418 and 419, Laws of 1897, post. Weight of rail. § 31. The rail used in the construction or the relaying of the track of every railroad hereafter built or relaid in whole or in part shall be of iron or steel, weighing not less than twenty-five pounds to the lineal yard on narrow gauge roads, and on all other roads not less than fifty-six pounds to the lineal yard on grades of one hundred and ten feet to the mile or under, and not less than seventy pounds to the lineal yard on grades of over one hundred and ten feet to the mile, except for turnouts, sidings and switches. Fences, farm-crossings and cattle-guards. § 32. Every railroad corporation, and any lessee or other per son in possession of its road, shall, before the lines of its road are opened for use, and so soon as it has acquired the right of way for its roadway erect and thereafter maintain fences on the sides of its road of height and strength sufficient to prevent cattle, horses, sheep and hogs from going upon its road from the adjacent lands with farm crossings and openings with gates therein at such farm crossings whenever and wherever reasonably necessary for the use of the owners and occupants of the adjoining lands, and shall construct where not already done, and hereafter maintain, cattle-guards at all road crossings, suit able and sufficient to prevent cattle, horses, sheep and hogs from going upon its railroad. So long as such fences are not made, or are not in good repair, the corporation, its lessee or other person in possession of its road, shall be liable for all damages done by their agents or engines or cars to any domestic animals thereon. When made and in good repair, they shall not be liable for any such damages, unless negligently or willfully done. A sufficient post and wire fence of requisite height shall be deemed a lawful fence within the provisions of this section, but barbed wire shall not be used in its construction. No railroad need be fenced, when not necessary to prevent horses, cattle, sheep and hogs from going upon its track from the adjoining lands. Every adjoining land owner, who, or whose grantor, has received compensation for fencing the line of land taken for a railroad, and has agreed to build and maintain a lawful fence along such line, shall build and main |