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the hearing in said proceding was given or who appeared at said hearing by counsel or in person. Any person aggrieved by such decision, or by a decision made pursuant to sections sixty and sixty-one hereof, and who was a party to said proceeding may appeal therefrom to the general term of the supreme court in the department in which such grade crossing is situated and to the court of appeals, in the same manner and with like effect as is provided in the case of appeals from an order of the supreme court.

§ 63. In carrying out the provisions of sections sixty, sixty-one and sixty-two of this act, the railroad company or the municipality may acquire land necessary therefor by condemnation, and damages on account of carrying a street, avenue or highway over or under a railroad, shall be assessed in the manner provided by the Condemnation Law.

§ 64. When a highway crosses a railroad by an overhead bridge, the framework of the bridge and its abutments shall be maintained and kept in repair by the railroad company, and the surface of the bridge and its approaches shall be maintained and kept in repair by the municipality in which the same are situated. When a highway passes under a railroad, the bridge and its abutments shall be maintained and kept in repair by the railroad company, and the public way and its approaches shall be maintained and kept in repair by the city, village or town in which they are situated.

§ 65. Whenever, under the provisions of section sixty of this act, new railroads are constructed across existing highways, the expense of crossing above or below the grade of the highway shall be paid entirely by the railroad corporation; whenever under the provisions of section sixty-one of this act a new street, avenue or highway is constructed across an existing railroad, the railroad corporation shall pay one-half and the municipal corporation wherein such street, avenue or highway is located shall pay the remaining one-half of the expense of such crossings above or below grade; and whenever a change is made in an existing crossing, of any character whatsoever, in accordance with the provisions of section sixty-two of this act, sixty-two and onehalf per cent. of the expense thereof shall be borne by the railroad corporation, twenty-five per cent. by the municipal corporation, and twelve and one-half per cent. by the state.

In carrying out the provisions of sections sixty-one and sixtytwo of this act, the work shall be done by the railroad corporations affected thereby, subject to the supervision and approval of the board of railroad commissioners, and in all cases, except where the entire expense is paid by the railroad corporation, the expense of construction shall be paid primarily by the railroad company, and the expense of acquiring additional lands or in the liquidation of damages to property, as provided in section sixty-three of this act, shall be paid primarily by the municipal corporation wherein such highways are located. Upon the completion of the work and its approval by the board of railroad commissioners, an accounting shall be had between the railroad corporation and the municipal corporation, and if it shall appear that the railroad corporation or the municipal corporation have expended more than their proportion of the expense of the crossing, a settlement shall be forthwith made in accordance with the provisions of this section. All items of expenditure shall be verified under oath, and, in case of a dispute to the amount expended, any judge of the supreme court in the judicial district in which the municipality is situated, may appoint a referee to take testimony as to the amount expended, and the between the railroad corporation and the municipal corporation as confirmation of the report of the referee shall be final. In the event of the failure or refusal of the railroad corporation to pay its proportion of the expense, the same may be levied and assessed upon the railroad corporation and collected in the same manner that taxes and assessments are now collected by the municipal corporation within which the work is done; and in the event of the failure or refusal of the municipal corporation to pay its proportion of the expense, suit may be instituted by the railroad corporation for the collection of the amount remaining unpaid. The legislature shall annually appropriate out of any moneys not otherwise appropriated, the sum of one hundred thousand dollars, or so much thereof as may be necessary, for the purpose of paying the state's proportion of the expense of any change in any existing grade crossing, and if any less sum than one hundred thousand dollars is expended by the state for the aforesaid purpose in any one year, the balance shall be applied to reduce the amount to be appropriated in the next succeeding year, but in no

event shall the state expend a greater sum than one hundred thousand dollars in any one year. The state's proportion of the expense of changing any existing grade crossing shall be paid by the state treasurer upon the warrant of the comptroller, to which shall be appended the certificate of the board of railroad commissioners to the effect that the work has been properly performed, and statement showing the situation of the crossing that has been changed, the total cost and the proportionate expense thereof, and the money shall be paid in whole or in part to the railroad corporation or to the municipal corporation, as the board of railroad commissioners may direct.

§ 66. The railroad commissioners may, in the absence of any application therefor, when, in their opinion, public safety requires an alteration in an existing grade crossing, institute proceedings on their own motion for an alteration in such grade crossing, upon such notice as they shall deem reasonable to the railroad company, the municipal corporation and the person or persons interested, and proceedings shall be conducted as provided in section sixty-two of this act.

§ 67. It shall be the duty of the corporation, municipality or person or persons to whom the decisions and recommendations of the board of railroad commissioners are directed as provided in sections sixty, sixty-one, sixty-two and sixty-six of this act to comply with such decisions and recommendations of the board, and in case of their failure to do so the board shall present the facts in the case to the attorney-general who shall thereupon take proceedings to compel obedience to the decisions and recommendations of the board of railroad commissioners. The supreme court, at special term, shall have the power in all cases of such decisions and recommendations by the board of railroad commissioners to compel compliance therewith by mandamus, subject to appeal to the general term of the supreme court and the court of appeals, in the same manner, and with like effect, as is provided in case of appeals from any order of the supreme court.

§ 68 All electric railroads hereafter constructed across a steam railroad shall be above or below grade at the expense of the constructing road. When an existing grade crossing is to be changed to an overhead or an underground crossing, pursuant to the provisions of section sixty-two of this article, and the highway is occupied in part by a street surface railroad, twelve

and one-half per cent. of the expense of making such change shall be borne by the state, twenty-five per cent. by the municipal corporation within whose limits the crossing is situated, and sixty-two and one half per cent. by said steam and electric railroads, each to bear such proportion of said sixty-two and onehalf per cent. as shall be determined by commissioners to be appointed by the supreme court.

§ 69. The city of Buffalo, in so far as it is affected by chapter three hundred and forty-five of the laws of eighteen hundred and eighty-eight, chapter two hundred and fifty-five of the laws of eighteen hundred and ninety, and chapter three hundred and fifty-three of the laws of eighteen hundred and ninety-two, is exempted from the provisions of section sixty-two of this act. § 2. This act shall take effect immediately.

Recommendations as to Operation of Electric and Cable Cars on Street Surface Railroads.

(Republished from Report of 1893.)

First. Every car shall be equipped with gates on both ends, which shall be closed on the side next to the adjoining track. No person (except an instructor, when necessary) shall be allowed to ride on the platform with the motorman on any electric or cable car.

Second. On all open cars there shall be attached a guard on the side of the car next to the adjoining track, running the entire length of the car, to prevent passengers entering or leaving the car on that side; this guard to be of such a nature that it may be transferred from one side to the other.

Third. An efficient guard or safety fender shall be attached to the trucks of all electric and cable cars. This to be done as quickly as possible. The question of fenders on electric and cable cars is one to which this Board, for the past year, has given its careful consideration, by personal examination as to the practical working of the several forms in use in different cities in the State, and also by examination of types used in other States. The time has arrived, owing to the rapid increase in the number of electric and cable cars, when the adoption of the best obtainable form of fender is urgent; the companies should not wait

until a perfect fender is obtained, but they should get the best forms at present in use and improve upon them until the above conditions, as near as may be, are realized. The final aim of railway officials and employes should be, that, while the car may be equipped with the most improved form of fender, its operation should be such that there will be no occasion for its use. The cars should be operated so carefully that accidents will rarely occur. If the suggestions made by the Board as to regulations and care should be carried out, with due coöperation by the companies and by the public, electrical propulsion would be as safe as the use of horses has ever been.

Fourth. The speed of cars shall not exceed four miles an hour crossing streets.

Fifth. Where two or more street car lines cross or where they merge, an agreement shall be made as to which line shall have the right of way; the car that has not the right of way shall come to a full stop before entering on or crossing over the tracks of the other line or the joint track.

Sixth. Inspectors sufficient in number to attain and preserve the best discipline shall be employed by all electric and cable railroad companies. Employes on cars shall wear a uniform cap at least.

Seventh. Cars passing in opposite directions shall not meet on street crossings.

Eighth. At congested points on the line of such roads a sufficient number of employes shall be placed to protect the public and insure all possible safety.

Ninth. That the speed of such cars be reduced to the minimum on all curves where the view is obstructed.

Tenth. That the use of some improved form of air-brake, similar to that used now on some of the cars of the Broadway and Seventh Avenue, and One Hundred and Twenty fifth Street cable railroads, in New York city, be considered by the managers of all electric and cable railroads. During the past year the Board has made examinations as to the movements of street cars in the cities of the State, and is impressed with the benefits which might be derived from the use of some form of power brake by street railroad companies. The necessity of quick stops on steam railroads, which led to the adoption of the straight air brake, and afterward to the automatic brake, is now being

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