For waste and other material for cleaning, For new locomotives to cover depreciation, For new passenger cars to cover depreciation, For repairs of merchandise cars, For new merchandise cars to cover depreciation, For wages of stationmen, For wages of switchmen and gatemen, For salaries of president, treasurer, superintendent, and corporation clerk, For amount paid other companies in tolls for passengers and freight carried on their roads, specifying each company, and the amount to each, For amount paid other companies as rent for use of their roads, specifying each company, and the amount to each, For all other expenses not included in the foregoing items, From passengers, From freight, From mails, INCOME FOR THE YEAR. From expresses, Interest, From all other sources, Total income, Net earnings after deducting expenses, DIVIDENDS. Per cent total on stock, Per cent interest on debt (if any), Surplus not divided, Surplus last year, Total surplus, MISCELLANEOUS. Number of persons employed on the road, Number of legal counsel retained, and amount paid them, Number of actions in court each year in which the corporation is a party, the expense of each action, the nature of the controversy, and the amount in question, Number of free passengers carried during the year, not including persons engaged in the immediate working of the road, or stockholders attending meetings of the corporation, Number of engines owned or used by the company, Number of passenger cars, Number of merchandise cars, Number of gravel cars, SECT. 8. In said annual report they shall state whether said proprietors have granted or secured, by contract or otherwise, any exclusive privileges to any person to use the land or right of way of said railroad for any purpose, and what; and all contracts, grants, and exclusive privileges shall be void unless approved by the Legislature. SECT. 9. When the net income of any railroad shall exceed ten per cent upon its stock, the Legislature may alter and revise the rates of toll for freight and passengers as they may deem just. SECT. 10. If the proprietors of any railroad shall violate the provisions of any statute, and no mode of punishment is provided therefor, they may be fined not exceeding one thousand dollars for each offence, and shall be liable to any person injured, in an action upon the case, for any damage by him sustained. SECT. 11. If any proprietor, officer, agent, or servant of the proprietors of any railroad shall knowingly violate the provisions of any statute, where no other remedy is provided, he may be fined for each such offence not exceeding one hundred dollars. SECTION 1. Railroads are public. CHAPTER 160. LAYING OUT RAILROADS. 2. Railroad corporations are public. 3. Railroads built only by grant of the Legislature. 4. Routes to be surveyed and roads 5. Grantees may make surveys. 7. Land taken, how described. 8. Railroad commissioners locate, when. 9. Grantees may take deeds or bonds. 10. May apply for appraisal of damages. 11. Owner of land may apply for change of location. 12. Notice to land-holders to be given. 13. Notice to proprietors of railroad. 14. Selectmen to be notified and join in the appraisal. 15. Notice of commencement and distance sufficient. 16. Appraisal, how made and reported. 17. Either party may appeal; proceedings thereon. SECTION 18. Location changed on petition of the proprietors. 19. Rights of parties; new location a discontinuance of the old. 20. Damages to be paid before entry. 21. Damages, how paid if owner un. known. 22. Security for damages and costs, when. 23. No action before entry, nor after location changed. 24. Branch railroads by permission of the selectmen. 25. No title by adverse possession by or against railroads. 26. Return of damages to town clerk, when appeal entered. 27. Land may be appraised and set off after road built. 28. When commissioners and selectmen cannot agree, damages, how assessed. 29. May take land for side tracks, depots, shops, etc., same as for track. 30. May take earth and gravel, etc. SECTION 1. Railroads, being designed for the public accommodation, like other highways are public, and at all times subject to the control of the Legislature. SECT. 2. All railroad corporations are public, and trustees and others in whom any railroad is vested are public agents, so far as the security and protection of the public rights and interests are concerned. SECT. 3. Railroads, being public highways, can be laid out, built, maintained, and put in operation only by virtue of express grants of the Legislature, or of authority derived from them. SECT. 4. The funds for the construction of railroads being derived mainly from the proprietors, and the profits derived from the tolls and income thereof being payable to them, their routes shall be surveyed and the roads laid out, in the first instance, by their agents. Any railroad may be laid out at one time through its entire course, or at different and successive times in such parts as shall be deemed conducive to the interests of all concerned. SECT. 5. A railroad being authorized by grant of the Legislature, the grantees, by their agents and engineers, may enter upon any land which falls within their route, and make such surveys as they deem necessary. SECT. 6. They shall locate the route for their railroad where they deem it most suitable, establishing at convenient distances, not exceeding one mile apart, permanent monuments easily ascertained, and make a return of their location with reference to said monuments to the office of the secretary of state. SECT. 7. Such return shall describe the location of their road by course and distance, with reference to such monuments, the width of the land located, the quantity of land of each owner proposed to be taken, and the name of the owner, if known. SECT. 8. If stockholders of the railroad corporation, holding one tenth of the capital stock thereof, are dissatisfied with the location, they may apply by petition to the railroad commissioners for a change of the same; and they shall give notice to the corporation and all others interested by publication, and, after due hearing and examination, shall make such changes in the location as they deem the public interest to require. SECT. 9. The grantees of such railroad, either before or after such location, may obtain deeds, or bonds for deeds, of any lands which they deem necessary for their road, or of the right of way over the same. SECT. 10. If from any cause they cannot or do not obtain such deeds, they may apply by petition to the railroad commissioners to appraise the damages to the owners of such lands occasioned by such railroad. SECT. 11. Any owner of land over which such railroad is located, who is aggrieved by such location, may, at any time before his damages are assessed, present his petition to the railroad commissioners, praying for a change of the location of such railroad. SECT. 12. The railroad commissioners shall give such notice of a hearing, upon any application by the proprietors of the railroad for an assessment of damages, to the several owners and parties interested in the land over which said railroad is located, as county commissioners are required to give of hearings upon petitions for highways referred to them. SECT. 13. They shall give like notice of a hearing, upon the application of a land-owner for a change of location, to the railroad proprietors and others interested. No appraisal of damages shall be made after such petition is filed till the question of change of location is decided. SECT. 14. The railroad commissioners shall give notice of any hearing for the appraisal of damages to the selectmen of the town in which the land lies; and the railroad commissioners and said selectmen being met, shall constitute a joint board for such appraisal. SECT. 15. Notice of the time and place of the commencement of any such hearing, and of the distance to be examined, shall in all cases be sufficient. SECT. 16. Said commissioners shall examine the place, hear the parties, and make report of their proceedings, in the same manner as county commissioners are required to do in the case of highways. SECT. 17. Such report shall be final, unless either party aggrieved shall appeal therefrom within thirty days after notice thereof, upon which appeal the same proceedings shall be had as on appeal from an award of damages by the county commissioners. SECT. 18. The location of any railroad may be changed, on petition of the proprietors, by the railroad commissioners, after notice to all persons interested, as well upon the existing as the proposed location, a hearing, and an award of damages to persons injured by such change. SECT. 19. The rights of all parties shall be the same in such case as on the original appraisal, and the change of location shall be a discontinuance of the part so changed; but the proprietors may be allowed by the commissioners a limited time to remove their fixtures therefrom. SECT. 20. Damages awarded to any land-owner shall be paid or tendered him, if known and resident in the State, before the proprietors shall enter on his land to make their road, except by his consent. SECT. 21. If the owner or his residence is unknown, or if he is a minor and has no guardian, or is not resident in the State, the damages awarded shall be paid to the state treasurer for his use before the land can be rightfully entered upon. SECT. 22. If an appeal is taken from the award of damages, the proprietors may enter upon and use the land, upon payment of the damages awarded to the owner, or, on his refusal of the same, to the state treasurer, and filing in his office reasonable security to the satisfaction of either of the county commissioners for the payment of any further damages and cost which may be awarded to the landowner upon said appeal. SECT. 23. No action shall be brought for damages before entry upon the land; and if the location of the road shall be changed |