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as amended by
tinal adjudication in such cases shall be recorded as provided in section thirty of this chapter. Costs may be taxed and allowed to either party at the discretion of the court.'
Sec. 2. Section twenty-eight of chapter fifty- Sec. 25,0 51, one of the Revised Statutes, as amended by chapter c. 312, laws or three hundred and twelve of laws of eighteen hun- amended. dred and eighty-five, is hereby amended, so as to read as follows:
SEC. 28. Railroads may cross highways or town ways in the line of the railroad, but cannot highways and pass along them without leave of the town, but made. wben a railroad is hereafter laid out across a highway or other public way, it shall be so constructed so as to pass either over or under such way, unless the railroad commissioners after notice and hearing authorize a crossing at grade. Before entering upon the construction of any railroad, the manner and conditions of crossing shall be determined as provided by section twenty-seven of chapter eighteen as amended. But no crossing of a street in a city, not a highway, shall be made without the written consent of the mayor and aldermen. Crossings not so made are nuisances, and may be so treated, and the directors of railroad corporation making them, are personally liable.'
SEO, 3. Highways and other ways may be Ways may be raised or lowered for the purpose of permitting a loweredl, etc. railroad to pass over or under same, or the course of the same may be altered so as to facilitate such crossing, or to permit a railroad to pass at the side thereof, on application to the railroad commissioners, and proceed- --proceedings. ing as provided by section twenty-seven of chapter eighteen as amended by this act, and for such purpose, land may be taken and damages awarded as provided for laying out highWays and other ways.
Approved March 9, 1889.
on appiication to R. R. com. missioners.
Sec. 113, c. 51, amended.
appointment and tenure.
-shall keep record.
An Act amendatory of section one hundred and thirteen, chapter fifty-one of the Revised
Statut s, and additional to said chapter, relating to Railroad Commissioners. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:
Sec. 1. Section one hundred and thirteen of chapter fifty-one of the Revised Statutes, is amended, so as to read as follows:
‘Sec. 113. The governor with the advice and
consent of the council, shall appoint three railroad mi-sioners, their commissioners who shall act as a board and hold
their offices for three years; one of them shall be –qualification. learned in the law and appointed and commissioned
as chairman ; one of them shall be a civil engineer
who shall have had experience in the construction of railroads; and the third shall have bad experience in the management and operation of railroads. Said board shall be provided with an office and suitable rooms for hearing in -expenditures, which its record shall be kept ; the board may expend a sum not exceeding two thousand dollars annually in procuring necessary books, maps, stationery and statistics, and in defraying expenses incidental and necessary to the discharge of its duties and procuring the assistance of a mechanical expert in the examination of iron bridges. A statement of such expenses shall accompany its annual report.
Said board shall also have a clerk to be appointed
by the governor on the recommendation of the board, who shall keep a full and minute record of its proceedings. The compensation of said commissioners and compensation, clerk, which shall be in full for services to be per
formed by them, shall be two thousand dollars per annum for each commissioner, and twelve hundred dollars per annum for the clerk, payably quarterly from the state treasury.' Muy employ Sec. 2. Every railroad corporation shall, when
requested by the railroad commissioners, have an examination made of any iron bridge or other
Clerk, appointment ut.
of . ers and clerk.
experienced engineer to examine bridges.
shall be paid
structure, by a competent and experienced mechanical engineer, who shall report to the board of commissioners forthwith the results of his examinations, his conclusion and recommendations, and transmit a copy of the same to the corporation. The report shall furnish such information in detail, and with such drawings and prints ils m'y be in writing, requested by the board of railroad commissioners. Sec. 3. Any railroad corporation within this Railroad
corporations state shall furnish all reasonable facilities to the shall furnish board of commissioners for the prompt and tithful facilities. discharge of the duties pre-cribed under this act.
Sec. 4. Every railroad company operating any Adelitional tax railroad in this state, shall pay to the tre:turer of by railroads. the state a tix in addition to all taxes now provided by law, such a sum as shall be its pro rata part of the amount of the salary and salary of clerks and expenses of the said railroad commissioners, as provided in section one, to be --Ani shall be determined by the governor and coun«il on or before April first of each year, according to the council. gross transportation receipts of any such railroad company in this state, ils returned to the railroad com missioners for the year ending September thirtieth, preceding the levying of such tax. The governor and council shall report the same to the treasurer of the state, who shall forthwith give notice thereof to every railroad company operating any railroad in this state, and said tax shall be payable on the first day of July next after the levy is made.
SEC. 5. All parts of chapter fifty-one of the Revised Stitutes, and
amendments thereto, so far as they are inconsistent with the provisions of this act, are hereby repealed.
Approved March 13, 1889.
determined by governor and
Inconsistent acts rep eaded.
.8, 10, 13
.8, 13, 14
investigation and recommendation of Board.