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THE RAILROAD LAW.

An Act to amend the railroad law.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

Section 109 and sections 180 to 183, both inclusive, of the railroad law are repealed.

The several parts and sections of the railroad law corresponding to those hereinafter specified are amended to read respectively as follows:

CHAPTER XXXIX OF THE GENERAL LAWS.

THE RAILROAD LAW.
ARTICLE 1. Organization; general powers; location (S$ 1-20).

2. Construction; operation; management (S$ 30-67).
3. Consolidation; lease; sale; reorganization (S$ 70-83).
4. Street surface railroads (S$ 90-108).
5. Other railroads in cities and counties (88 120-142).
6. Board of railroad commissioners (S$ 150-171).

ARTICLE I.

ORGANIZATION, GENERAL POWERS, LOCATION.
SECTION 1. Short title.

2. Incorporation.
3. Supplemental certificate.
4. Additional powers conferred:

1. Entry upon lands for purpose of survey.
2. Acquisition of real estate.
3. Construction of road.
4. Intersection of streams, highways, plank-roads, turn-

pikes and canals.
5. Intersection of other railroads.

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6. Buildings and stations.
7. Transportation of persons and property,
8. Time and manner of transportation.

9. Purcbase of lands and stock in other states. SEOTION 5. When corporate powers to cease.

6. Location of route. 7. Acquisition of title to real property. 8. Railroads through public lands. 9. Railroads through Indian lands. 10. Railroads through Chautauqua assembly grounds. 11. Intersection of highways, additional lands for. 12. Intersection of other railroads. 13. Change of route, grade or terminus. 14. Construction of part of line in another state. 15. Two roads having the same location. 16. Tunnel railroads. 17. Railroads in foreign countries. 18. Additional corporate powers of such road. 19. Location of principal office of such road. 20. Individual, joint-stock association, or other corporation

may lay down and maintain railroad tracks in certain

cases.

21. When electric light and power corporation may become a rail

road corporation.

1 § 2. Incorporation.-- Fifteen or more persons may 2 become a corporation, for the purpose of building, main3 taining and operating a railroad, or of maintaining and 4 operating a railroad already built, not owned by a rail5 road corporation, or for both purposes, by executing, 6 acknowledging and filing a certificate, in which shall be 7 stated: 8 1. The name of the corporation. 9 2. The number of years it is to continue. 10 3. The kind of road to be built or operated. 11 4. Its length and termini. 12 5. The name of each county in which any part of it 13 is to be located. 14 6. The amount of capital stock, which shall not be 15 less than ten thousand dollars for every mile of road 16 built, or proposed to be built, except a narrow-gauge 17 road, when it shall not be less than three thousand 18 dollars for every such mile. 19 7. The number of shares into which the capital stock 20 is to be divided. 21 8. If the capital stock is to consist of common and 22 preferred stock, the amount of each class and the rights 23 and privileges of the latter over the former. 24 9. The names and post-office addresses of the directors 25 of the corporation, not less than nine, who shall man26 age its affairs for the first year. 27 10. The place where its principal office is to be 28 located. 29 11. If a street surface railroad, the names and description 30 of the streets, avenues and highways in which the road is to 31 be constructed. 32 12. If it is to be a railway corporation, specified in 33 article five of this chapter, the statements required by 34 section one hundred and twenty-six of that article. 35 13. The name and post-office address of each sub36 scriber to the certificate and the number of shares of 37 stock he agrees to take. 38 Such certificate shall have indorsed thereon, or 39 annexed thereto, to be taken as a part thereof, an affi40 davit of at least three of such directors that at least 41 ten per cent of the minimum amount of capital stock 42 authorized by law has been subscribed thereto, and 43 paid in good faith and in cash to the directors named 44 in the certificate, and that it is intended in good faith 45 to maintain and operate the road mentioned therein, 46 and in case of the railway corporations specified in 47 article five of this chapter, the additional affidavit 48 required by section one hundred and twenty-eight of 49 that article. The filing of every certificate, where the 50 amount of stock required by this section has not been 51 in good faith subscribed and ten per cent thereof paid 52 in cash, shall be void. Former section 2, amended.

XXXIX

1 $ 6. Location of route.-- Every railroad corporation, 2 except a street surface railroad corporation and an elevated 3 railway corporation, before constructing any part of its 4 road in any county named in its certificate of incorpo5 ration, or instituting any proceedings for the con6 demnation of real property therein, shall make a map 7 and profile of the route adopted by it in such county, 8 certified by the president and engineer of the corpora9 tion, or a majority of the directors, and file it in the 10 office of the clerk of the county in which the road is to 11 be made. The corporation shall give written notice to all 12 actual occupants of the lands over which the route of 13 the road is so designated, and which has not been pur14 chased by or given to it, of the time and place such 15 map and profile were filed, and that such route passes 16 over the lands of such occupants. Any such occupant 17 or the owner of the land aggrieved by the proposed 18 location, may, within fifteen days after receiving such 19 notice, give ten days' written notice to such corporation 20 and to the owners or occupants of lands to be affected 21 by any proposed alteration, of the time and place of an 22 application to a justice of the supreme court, in the 23 judicial district where the lands are situated, by petition 24 duly verified, for the appointment of commissioners to 25 examine the route. 26 The petition shall state the objections to the route 27 designated, shall designate the route to which it is 28 proposed to alter the same, and shall be accompanied 29 with a survey, map and profile of the route designated 30 by the corporation, and of the proposed alteration 31 thereof, and copies thereof shall be served upon the 32 corporation and such owners or occupants with the 33 notice of the application. The justice may, upon the 34 hearing of the application, appoint three disinterested 35 persons, one of whom must be a practical civil engineer, 36 commissioners to examine the route proposed by the 37 corporation, and the route to which it is proposed to 38 alter the same, and after hearing the parties, to affirm

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