amounts received therefor, and in said report shall be included the reports of appraisers of lands exchanged in accordance with the foregoing provisions. The proceeds of all land so sold, or the receipts from all exchanges so made, shall be invested by the Comptroller, with the approval of the forest commission, in the purchase of forest land adjoining great blocks of the forest preserve now owned by the State. (Thus amended, Laws of 1887, chap. 475.).

Railroad companies to burn all inflammable material.

$25. Every railroad company whose road passes through waste or forest lands, or lands liable to be overrun by fires within this State, shall twice in each year cut and burn off or remove from its right of way all grass, brush or other inflammable material, but under proper care, and at times when the fires thus set are not liable to spread beyond control.

Locomotives to be provided with arrangement for preventing escape of fire from engine.

$26. All locomotives which shall be run through forest lands shall be provided, within one year from the date of this act, with approved and sufficient arrangements for preventing the escape of fire from their furnaces or ash-pan, and netting of steel or iron wire upon their smokestack to check the escape of sparks of fire. It shall be the duty of every engineer and fireman employed upon a locomotive to see that the appliances for the prevention of the escape of fire are in use and applied, as far as it can be reasonably and possibly done.

Fire not to be deposited on track in the vicinity of woodlands; trainmen to report fences on fire; extinguishment.

$27. No railroad company shall permit its employees to deposit fire-coals or ashes upon their track in the immediate vicinity of woodlands or lands liable to be overrun by fires, and in all cases where any engineers, conductors or trainmen discover that fences along the right of way, on woodlands adjacent to the railroad, are burning, or in danger from fire, it shall be their duty to report the same at their next stopping place, and the person in charge of such station shall take prompt measures for extinguishing such fires.

Companies to provide men to extinguish fires.

§ 28. In seasons of drought, and especially during the first dry time in the spring after the snows have gone and before vegetation has revived, railroad companies shall employ a sufficient additional number of trackmen for the prompt extinguishment of fires. And where a forest fire is raging near the line of their road they shall concentrate such help and adopt such measures as shall most effectually arrest their progress.

$29. Any railroad company violating the provisions or requirements of this act shall be liable to a fine of $100 for each offense.

CHAP, 439, LAWS OF 1884.

AN ACT for the better protection of life and property upon the railroads of this State, to promote the safer and better management of steam railroads.

The switches to be used in constructing new or in renewal of old ones. SECTION 1. Steam railroads shall hereafter lay in the construction of new and in the renewal of existing switches upon freight or passenger_main line tracks, switches on the principle of either the so-called Tyler, Whar ton, Lorenz or split-point switch, or some other kind of safety switch which shall prevent the derailment of a train when such switch is mis placed, or a switch interlocked with distant signals. For each switch laid in violation of the provisions of this section the corporation, person or per sons operating said railroad, shall be li ble to a penalty of not exceding $100, and to the further penalty of $5 for each day that such switch is used.

Warning signals; penalty; what misdemeanor.

§ 2. Every steam railroad shall, within six months after the passage of this act, erect, and thereafter maintain, such suitable warning signals at every low bridge or structure which crosses the railroad above the tracks, where such warning signals may be necessary for the protection of employees on top of cars from injury. The corporation, person or persons operating said railroad, and violating the provisions of this section, shall be liable to a penalty of not exceeding $100 for each thirty days' neglect. Whoever willfully destroys or breaks any such bridge guard shall be guilty of a misdemeanor.

The Supreme or County Court may, on application, etc., order flagman to be stationed at highway crossing, etc.; when such order to be made; special provision as to speed in certain villages.

§3. At any point where a street, highway, turnpike, plankroad or traveled way is crossed at the same level by a railroad, or at any point where a horse railroad is crossed by a steam railroad, the Supreme Court or County Court may, upon the application of the local authorities and upon ten days' notice to the railroad corporation whose road so crosses, order that a flagman be stationed at such point, or that gates shall be erected across such street, highway, turnpike or plankroad, and that a person be stationed to open and close such gates when an engine or train passes, or make such other order respecting the same as it deems proper. Such order shall only be made after the refusal or neglect of such corporation to station such flagman or erect such gates after having been requested so to do by such local authorities. And whenever the crossings by a railroad at the same level of any street, highway, turnpike, plank road or traveled way within the limits of any village or city shall be protected by gates with persons stationed to open and close the same when an engine or train passes, it shall not be lawful for the local authorities of such village or city, not having by the last State or United States census a population of fifty thousand, to impose any limitation, less than thirty miles per hour, upon the speed at which such engine or train shall be run upon the railroad within the corporate limits of such village or city, or to enforce any existing limitations upon such rate of speed. (Thus amended, Laws of 1889, chap. 242.)

Automatic couplers after July 1, 1886, to be placed on new freight cars; penalty.

§ 4. After July 1, 1886, no couplers shall be placed upon any new freight car to be built or purchased for use, in whole or in part, upon any steam railroad in this State, unless the same can be coupled and uncoupled automatically without the necessity of having a person guide the link, lift the pin by hand, or go between the ends of the cars. The corporation, person or persons operating said railroad, and violating the provisions of this section, shall be liable to a penalty of not exceeding $100 for each

offense.

(See, also, chap. 524, Laws of 1889, p. 464.)

Trains and locomotives to come to a full stop where roads cross on same level; when to cross; expense of watchman; action when railroad companies disagree as to precedence of trains; penalty of engineer and corporation; when stop may be discontinued; where this section not to apply.

§ 5. All trains and locomotives on railroads crossing each other on the same level shall come to a full stop before crossing, not less than 200 nor more than 800 feet from said crossing, and shall then cross only when the way is clear and upon a signal to do so from a watchman stationed at the crossing. If they cannot agree as to the expense of such watchman, it shall be determined by the Supreme Court, upon motion thereto by either of said corporations. In case of disagreement as to the precedence of trains, the Board of Railroad Commissioners, after hearing, may, upon a joint application of the companies interested, prescribe rules in relation thereto. An engineer violating the provisions of this section shall be liable to a penalty of $100, and any corporation, person, or persons operating the railroad violating any of the provisions of this section shall be liable to a penalty not exceeding $500. The full stop and crossing on signal,

provided in this section, may be discontinued when the Board of Railroad Commissioners shall decide it to be impracticable, or when, with the approval of the Board of Railroad Commissioners, an interlocking switch and signal apparatus is adopted and put in operation at such crossing by the railroads there crossing each other at a level. This section shall not apply to depot yards and the approaches thereto when the crossing roads are under lease or subject to the same management or control in the use of tracks.

When automatic air-brakes or other form of safety power brake to be applied from locomotive to be attached to passenger cars; not to apply to cars attached to freight trains where speed does not exceed twenty miles an hour; the old link connection after July 1, 1884, not to be used on cars carrying mails and passengers exclusively; penalty. § 6. After the expiration of one year from the passage of this act, no steam railroad shall use for passenger transportation any car to which an automatic air-brake or other form of safety power brake, applied from the locomotive, shall not be attached. The provisions of this section shall not apply to any cars attached to freight trains, the schedule rate of speed of which does not exceed twenty miles an hour. And after July 1, 1884, no trains which carry mails or passengers exclusively shall run cars coupled by the old link connections. The corporation, person or persons operating said railroad and violating the provisions of this section shall beʻliable to a penalty not exceeding $100 for each offense.

Where baggage is willfully or recklessly injured; insufficient help for handling; penalty; disposition thereof.

$7. Any baggagemaster or other person whose duty it is, for, or on behalf of any common carrier, to handle, remove or care for the baggage of passengers, who shall willfully or recklessly injure or destroy any trunk, valise, box, bag, package or parcel, while loading, unloading, transporting, delivering or storing the same, or any railroad corporation which shall knowingly keep in its employment any such willful or reckless baggagemaster, or other person, or who shall permit any injury or destruction of the property aforesaid through failure to provide sufficient help and facilities for the proper handling thereof, shall be liable to a penalty not exceeding fifty dollars. Upon the recovery and payment of such penalty, the court before whom such recovery is had shall set apart and pay over to complainaut one-half of the amount so recovered and paid. Axe, sledge-hammer, crowbar and handsaw to be kept in each closed car in every passenger train; penalty.

§ 8. Each closed car in use in every passenger train, owned or regularly used upon a railroad, shall be equipped with one set of tools, consisting of an axe, sledge-hammer, crowbar and handsaw, to be properly placed so as to be easily removed. The corporation, person or persons operating said railroad violating the provisions of this section shall be liable to a penalty of $100 for each offense.

Proviso.

$9. Nothing in this act shall affect the provisions of chapter 353 of the Laws of 1882. (Act creating Board of Railroad Commissioners.)

CHAP. 524, LAWS OF 1889.

AN ACT regulating railway appliances to be used on all railway, lines within the limits of the State of New York.

Use of automatic couplers on freight cars regulated.

SECTION 1. All persons and corporations operating any line or lines of railway by steam power in this State shall, after the first day of November, 1892, equip all of its own engines and freight cars run and used in freight trains, or other trains in this State, with such automatic self couplers; and it shall be unlawful after that date, to run or operate in this State any freight cars belonging to such persons or corporations without having the same equipped with the appliances above mentioned. Provided, that it shall be lawful in case of accident, or other emergency, to temporarily dispense with the use of such appliances.

Railroad Commissioners may extend time.

§ 2. In special cases the Railroad Commissioners of this State may extend the time for compliance with this act for a period not exceeding one year. Failure to comply with act; how punished.

§ 3. Any person or corporation operating a line of railway by steam power in this State who shall fail or neglect to comply with the provisions of this act shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of $500 for each offense. Provided, that employees shall not be deemed guilty or subject to punishment under this act.

(See in this connection § 4 of chap. 439, Laws of 1884, page 463.)

CHAP. 605, LAWS OF 1886.

AN ACT to relieve certain railroad companies from the obligation of operating their road, under certain conditions, during the winter season.

Certain roads may cease operating in winter season,

SECTION 1. It shall be lawful for the directors of any railroad hereafter constructed and used principally for transporting lumber or ores during the summer months, or constructed and used principally for summer travel to cease the operation thereof during the winter season by complying with the provisions of this act.

Application to be made to Board of Railroad Commissioners.

§2. Any such corporation may by a resolution duly passed at a meeting of the directors thereof, apply to the Board of Railroad Commissioners of this State, for permission to cease the operation of their road during the winter season for a period not exceeding seven months in any one year, specifying the date of such suspension, and the date of the reopening thereof. Such Board of Railroad Commissioners may, in their discretion, grant an order permitting such abandonment of the operation of said road during the winter season not exceeding said period of seven months. When such Board of Railroad Commissioners shall so order, said railroad company shall be relieved of the duty of operating their road during the period specified in such order.

Copy of order to be posted and published.

§ 3. Said railroad company shall post a copy of such order so made by said Board in all the depots of and at the termini of said road, and publish the same in every paper in each town, in any part of which said road shall be constructed, at least four weeks prior to the date of such suspension.

CHAP. 616, LAWS OF 1887.

AN ACT to regulate the heating of steam passenger cars and to provide for the placing of guards and guard-posts on railroad bridges and trestles and the approaches thereto.

Passenger cars not to be heated by stove or furnace; powers of Railroad Commissioners in relation thereto.

SECTION 1. It shall not be lawful for any steam railroad doing business in this State, after the first day of November, eighteen hundred and eightyeight, to heat its passenger cars, on other than mixed trains, by any stove or furnace kept inside of the car, or suspended therefrom, except it may be lawful, in case of accident or other emergency, to temporarily use such stove or furnace with necessary fuel. Provided, that in cars which have been equipped with apparatus to heat by steam, hot water or hot air from the locomotive, or from a special car, the present stove may be retained, to be used only when the car is standing still. And provided also, that this act shall not apply to railroads less than fifty miles in length, nor to the cars of foreign railroad companies incorporated without the jurisdiction of the United States hauled upon railroad tracks in this State for a distance of less than thirty miles, nor to the use of stoves, of a pattern and kind to be approved by the Railroad Commissioners, for cooking purposes in dining-room cars. (Thus amended, Laws of 1889, chap. 76.)

Guard-posts to be placed in prolongation of line of bridge trusses.

§ 2. After November first, eighteen hundred and eighty-seven, guardposts shall be placed in the prolongation of the line of bridge trusses, so that in case of derailment the posts and not the bridge trusses shall receive the blow of the derailed locomotive or car.

Penalty for violation of this act.

§3. Any person or corporation violating any of the provisions of this act shall be liable to a penalty of one thousand dollars, and to the further penalty of one hundred dollars for each and every day during which such a violation shall continue.

Board of Railroad Commissioners to approve devices used under this act. $4. Upon the application of any railroad covered by the provisions of this act, the Board of Railroad Commissioners may approve of any proposed safeguard or device to be used under the provisions of this act, and thereafter the railroad using such safeguard or device so approved shall not be liable to any of the penalties prescribed by this act for a violation thereof in regard to any such safeguard or device.

§ 5. The violation of any of the provisions of this act will be deemed a misdemeanor.

CHAP. 189, LAWS OF 1888.

AN ACT to amend chapter six hundred and sixteen, laws of eighteen hundred and eighty-seven, entitled "An act to regulate the heating of steam passenger cars and to provide for the placing of guards and guard-posts on railroad bridges and trestles and the approaches thereto."

(Section 1 amends § 1, chap. 616, Laws of 1887, as given above.)

Railroad Commissioners may extend time for heating in special cases.

§ 2. In special cases the Board of Railroad Commissioners may extend the time for a period not exceeding one year from November first, eighteen hundred and eighty-eight, for any steam railroad doing business in this State, to heat its passenger cars by any stove or furnace kept inside the car or suspended therefrom.

CHAP. 292, LAWS OF 1882.

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Oils that ignite below 300 degrees Fahrenheit not to be burned in cars. § 2. No oil or burning fluid, whether composed wholly or in part of coal oil and petroleum or their products, or other substance or material, which will ignite at a temperature below three hundred degrees by the Fahrenheit thermometer, shall be burned in lamp, vessel, or other stationary fixture of any kind, or carried as freight, in any passenger or baggage car, or passenger boat moved by steam power in this State, or in any stage or street car drawn by horses. Exceptions as regards the transportation of coal oil, petroleum and its products, are hereby made when the same is securely packed in barrels or metallic packages, and permission is hereby granted for its carriage in passenger boats moved by steam power when there are no other public means of transportation. Any violation of this act shall be deemed a misdemeanor and subject the offending party or parties to a penalty not exceeding three hundred dollars, or imprisonment not exceeding six months, at the discretion of the court.

§ 5. It shall be the duty of all district attorneys of the counties in this State to represent and prosecute in behalf of the people, within their respective counties, all cases of offenses arising under the provisions of this act.