1889, ch. 170.

1858.

Rev. 1888, $3465.

1909, ch. 87.

§ 3689. Land in highway or private way. Whenever such company shall have acquired the right to take any land used for a public highway or a private way, it shall, before taking possession of the same, apply to a judge of the superior court, as provided in § 3687, for the appointment of appraisers to ascertain all damages that may arise to any person in consequence of such taking. The appraisers so appointed shall be sworn, and shall give notice of the time and place of their meeting by posting on the signpost of the town where the highway or private way is situated, and also by advertising once a week for four consecutive weeks in a newspaper published in said town, or if no newspaper is published in said town, then in a newspaper published in the county. They shall also give reasonable notice, in writing, to the persons owning the land occupied by the highway or private way. At the meeting of the appraisers, any person claiming that he will be damaged by the taking and occupation of such highway or private way shall be heard, whether he is the owner of the land or not; and the appraisers shall award such damages as may seem to them just and reasonable. Further proceedings in connection with the condemnation of such land shall be as prescribed by § 3687.

§ 3690. Abandonment of road; damages. When any land shall have been taken for railroad purposes and the damages shall have been appraised, and such road, or any part thereof, shall have been abandoned or discontinued before the same has been opened and worked, no execution shall issue, nor shall an action for the recovery of such damages be brought against the company which took such land, by any of the owners of land over which such road or part of a road shall have been laid out and discontinued as aforesaid; but any such owner may recover of such company the actual damage which he may have suffered in consequence of such taking, or for any unreasonable delay in opening and working such road.

Railroad company may petition for elimination of its grade crossings. § 1. Any railroad company may bring its petition in writing to the railroad commissioners, alleging that public safety requires the elimination of the crossing of its railroad at grade by a highway or highways through the removal of such line of railroad between any two contiguous stations or any two points between which there is no station so as to coincide

with some other line of railroad owned and operated by such company between the same two points or stations, and praying that the same may be ordered; whereupon, the commissioners shall appoint a time and place for hearing the petition, and shall give such notice thereof as they shall judge reasonable to such company and the municipalities in which such crossing and such two points or stations are situated. If, upon such hearing, it appears to the railroad commissioners that proper and adequate service will be afforded to the public in the transportation of passengers and freight within the towns in which such line of railroad to be moved is located, they shall order the removal, and such railroad company shall thereupon have the right to remove its line of railroad to such other line, and to abandon such portion of its railroad as may be removed to such other line, and its franchise thereto.

Orders of commissioners ratified. § 2. All orders of the railroad commissioners heretofore made on the petition of a railroad company, determining and requiring the elimination of grade crossings by the removal of the line of any railroad between any two points or stations to some other line of railroad owned and operated between the same two points or stations, wherein it is found that proper and adequate service will be afforded to the public in the transportation of passengers and freight within the towns in which such line of railroad is located, are hereby ratified and confirmed, and such railroad company may abandon such portion of its railroad as may be or may have been removed to such other line, and its franchises thereto.

§ 3691. Owner may require description of land. When any company shall take any property for the purpose of its railroad, the owner of such property may at any time within three years thereafter demand in writing of the treasurer of the company a written description of the property so taken, and such company shall within thirty days deliver to him such description; and if it fail to do so, all its rights to enter upon or use such property, except for making surveys, shall be suspended until it shall have delivered such description.

1849. Rev. 1888, $9407

1849.

§ 3692. Plan of road to be deposited with town clerk. Rev. 1888, ($3408. Within ninety days after the railroad of any company shall have been laid out in any town and approved by the commis

1849.

Rev. 1888, $3469.

1896, ch. 232, §1.

1895, ch. 232, §2.

sioners, such company shall deposit with the town clerk a correct plan, signed by its president, of so much of such railroad as lies in such town, drawn on a scale of at least five inches to the mile, upon which shall be accurately delineated the direction and length of each course and the width of the land taken.

§ 3693. Statement filed with secretary of state. Every company shall, within six months after the final location of its road, file with the secretary of state a statement of such location, defining the courses and distances.

§ 3694. Condemnation of corporate stock. In case any railroad company acting under the authority of the laws of this state shall have acquired more than three-fourths of the capital stock of any steamboat, ferry, bridge, wharf, or railroad corporation, and cannot agree with the holders of outstanding stock for the purchase of the same, such railroad company may, upon a finding by a judge of the superior court that such purchase will be for the public interest, cause such outstanding stock to be appraised in accordance with the provisions of § 3687. When the amount of such appraisal shall have been paid or deposited as provided in said section, the stockholder or stockholders whose stock shall have been so appraised shall cease to have any interest therein, and on demand shall surrender all certificates for such stock, with duly executed powers of attorney for transfer thereon, to the corporation applying for such appraisal.

§ 3695. Stockholder may begin proceedings. If any person holding a minority of the shares of stock in any corporation referred to in § 3694 cannot agree with the railroad company owning three-fourths of such stock for the purchase of his shares, he may cause the same to be appraised in accordance with the provisions of § 3687. When such appraisal has been made and recorded in the office of the clerk of the superior court of any county where such railroad company operates a railroad, and the certificates for such stock, with duly executed powers of attorney for transfer thereon, have been deposited with such clerk for such railroad company, such appraisal shall have the effect of a judgment against such company and in favor of the holder of such stock, and at the end of sixty days, unless such judgment is paid, execution may be issued.

§ 3696. Security from contractors for labor; liability Rev. 1888, $3470. of company. Every company, in making contracts for the building of its road, shall require sufficient security from the contractors for the payment for all labor thereafter to be performed in constructing the road by persons in their employ; and the company shall be liable to the laborers employed for labor actually performed on the road, if, within twenty days after the completion of such labor, they shall, in writing, notify its treasurer that they have not been paid by the contractors.

Railroad may be operated by electricity. Any railroad 1907, ch. 124. company organized under the laws of this state may operate its railroad, or any part thereof, by electricity; provided, however, that no part of a railroad to be operated under the provisions of this act shall be opened for public travel unless the company operating the same shall have first obtained a certificate signed by the railroad commissioners that such railroad or part thereof is in a suitable and safe condition.

§ 3698. Crossing of one railroad by another. Any company may, in the construction of its railroad, cross the railroad of any other company, or connect with the same. If it cannot agree with such other company as to such crossing or connection, the commissioners may determine the place and manner of such crossing or connection, after reasonable notice to the companies in interest to appear and be heard in relation to the matter, and may make such orders as to bridges, abutments, piers, tunnels, arches, excavations, retaining walls, embankments, and approaches as they shall judge necessary; but no railroad shall cross any other railroad at grade, except for the purpose of connecting therewith, when the avoidance of a grade crossing is practicable, and the commissioners shall be judges of the question of practicability.

1882, 1888. Rev. 1888, §3471. 1889, ch. 92.

§ 3699. Construction of branches. Any company in 1889, ch. 166, §1. this state may build branches from its main line or from any of its leased lines; provided, that the construction of such branches is found by a judge of the superior court, upon due application, after such reasonable public notice as such judge may order, to be of public necessity and convenience.

§ 3698. Injury to steam railroad from electric road crossing at grade is damnum absque injuria. 65 C. 434.

1889, ch. 166, §4.

1889. ch. 166, §2.

1871.

Rev. 1888, $3472.

§ 3700. Charters amended. Section 3699, this section, and § 3701 shall be deemed to be an addition to, and amendment of, all charters of railroad companies, and shall repeal all limitations in any such charters as to the length of branches which such companies may build.

§ 3701. Branches may be mortgaged. For the purpose of paying the cost of building any such branch, any railroad company may issue bonds secured by mortgage to the amount of one-half of said cost, to be verified in the manner provided in § 3804 for verifying the cost of a railroad for the purpose of issuing bonds.

§ 3702. Contracts with connecting roads. Any com1889, ch. 166, §3. pany may make lawful contracts with any other company with whose railroad its tracks may connect or intersect, in relation to its business or property, and may take a lease of the property or franchises of, or lease its property or franchises to, any such company.

1878. Rev. 1888, §8478.

1887.

Rev.1888, §3447, $8475.

§ 3703. Leases to be approved by stockholders. No lease of any railroad shall be binding on either of the contracting parties for a period of more than twelve months, unless approved by the stockholders of the companies that are parties to the lease, by a vote of two-thirds of the stock represented at a meeting of the stockholders called for that purpose. At least one month's notice of such meeting shall be given by advertising twice a week for four weeks in a daily paper published in the state, and also by mailing a copy of the call and of the lease to each stockholder. Said notice and call shall state that at the meeting the lease will be submitted for the approval of the stockholders.

§ 3704. Record of conveyance or lease. All conveyances by any company or its assigns, of any interest in the location of its railroad, to be used or enjoyed for railroad purposes, may, and if in the nature of a lease for more than one year, shall be filed for record by the grantee or lessee in the office of the secretary of state. Certificates of the assignment, release, or foreclosure of any interest or lien in or upon the location of any railroad, acquired under any such conveyance as is specified

§ 3702. Lessor is not usually exempt from liability for negligence of lessee in operating railroad. 65 C. 230.