and the damages shall have been awarded and not paid, the land first located upon shall revert to the owner thereof, and the corporation shall not be required to pay the sum so awarded, but shall pay to such owner all damages which have accrued to him by reason of such location, to be determined by said commissioners.

CROSSING OF TURNPIKE OR OTHER HIGHWAY;

AND THE DUTIES

AND LIABILITIES OF RAILROAD CORPORATIONS, ETC.

SECT. 33. If, after the laying out and making any railroad already granted, or which may hereafter be granted, any turnpike road or other way shall be so laid out as to cross said railroad, the said turnpike road or way may be so made as to pass under or over said railroad, and said turnpike or way shall in all cases be so made as not to obstruct or injure such railroad.

SECT. 34. Whenever it shall become necessary for any railroad corporation to lay out their road upon, or by the side of any turnpike, highway, or way, or upon any bridge owned by a town or turnpike corporation, said corporation shall give notice thereof to one of the directors of such turnpike, or to one of the selectmen of such town; and if such railroad corporation cannot agree with the selectmen of the town, or with the turnpike directors, on some road to be worked, or bridge to be built by the railroad corporation, in lieu of such road or bridge, or on the amount of damages, the commissioners, appointed to appraise land damages for such railroad corporation, shall direct said corporation to build such road or bridge, as a substitute for the road or bridge so located upon, as the interest of the public and the parties shall require; and upon the construction of such road or bridge, the road or bridge so located upon shall vest in said corporation : Provided, that any railroad corporation, turnpike corporation, town, or individual, owning land adjacent to said road or bridge, so entered upon, crossed or altered, shall have the same right of appeal from the decision of the selectmen or commissioners, as is provided for in the eighteenth section of this chapter.

SECT. 35. Any railroad may be so laid out as to cross any turnpike or other way; and the corporation may raise or lower such turnpike or way, for the purpose of having their railroad pass over or under the same. If any railroad corporation, which has been or may be established, shall think proper to alter the course of any turnpike or other way, where it is crossed by their railroad, for the purpose of facilitating the crossing of the same, they may alter the same accordingly. Before proceeding to make any alteration in such turnpike or way, said railroad corporation shall, in writing, notify one of the directors of the corporation owning such turupike, or one of the selectmen of the town in which such way is situated; and if such corporation cannot agree with said selectmen or turnpike directors, as to such alterations or manner of crossing, the commissioners named in the preceding section of this chapter shall determine the same.

SECT. 36. Such corporation may take such additional lands for the purposes mentioned in the two last preceding sections of this chapter, as said commissioners shall judge necessary. Unless the lands so taken shall be purchased or voluntarily given for the purposes aforesaid, compensation therefor shall be determined by said commissioners, as in other cases, and duly made by said railroad corporation to the owners and persons interested in such lands; the same, when so taken, on compensation made, to become part of such turnpike or way, in such manner and by such tenure as the adjacent parts of the same turnpike or way may be held for highway purposes: Provided, said land-owners and said corporation shall have the same right of appeal as in other cases of land damages.

SECT. 37. All alterations made in any turnpike or way, under the three preceding sections of this chapter, shall, if made by said commissioners, be signed by them, and, if agreed upon by the parties, shall be signed by the turnpike directors or selectmen of the town, and duly recorded in the town clerk's office.

SECT. 38. In all cases where any railroad company has constructed, or shall hereafter construct, its road across any highway or street, and shall find it necessary to erect a bridge or embankment for the accommodation of such highway or street, unless such company shall complete such crossing to the acceptance of the selectmen or railroad commissioners agreeably to its charter, said railroad company and its assigns shall keep and maintain such bridge or embankment in good and sufficient repair for all the purposes of a public highway, and shall be liable in an action on the case to the town in which such crossing is situated for all injuries either to person or property in consequence of the insufficiency of such bridge or embankment, and also for all costs and expenses incurred by such town in connection with any action or claim against such town on account of any such injury to person or property. And the abandonment of, or cessation to use, such railroad at such crossing by any railroad compauy, or its assigns, shall not release such company or its assigns from such liability unless the selectmen of such town shall, in writing, consent that the said company be released therefrom, and shall cause such written consent to be recorded in the record of deeds in the town clerk's office in such town, or unless such railroad company or its assignees shall restore such crossing to its original state of usefulness and permanency.

SECT. 39. If such railroad company or its assigns shall neglect to make all necessary repairs to such bridge, on request of a majority of the selectmen of the town in which such bridge is situated, the selectmen of such town may, from the funds of such town, make all necessary repairs to such bridge; and such railroad company and its assigns shall be liable to such town for the amount expended in making such repairs, and in case of nonpayment, such town may recover the same of such railroad company or its assigns with costs, in an action on the case, in any court of competent jurisdiction.

SECT. 40. When any railroad corporation in this State shall have constructed a railroad across any public highway, either

by passing upon, over, or under the travelled path of such highway, such corporation shall at all times keep in good and sufficient repair, and rebuild when necessary, all bridges, culverts, crossings, and other constructions which have been or shall hereafter be made, for the accommodation, safety, and convenience of the public travel on such highway, over, under, or upon such railroad. And any railroad corporation, which has so constructed, or shall hereafter construct, a railroad across any highway as aforesaid, shall be liable to the town within whose limits such crossings shall be, for any damage or injury that shall accrue by reason of their not complying with the terms and provisions of this section, or be recovered in an action brought therefor.

SECT. 41. Any person or persons having the possession, control, or management of any such railroad, or of the engines and cars running thereon, either as lessees, assignees, or trustees, or in any other capacity, shall perform the same duties and be subject to the same liabilities, to be enforced in the same manner, as is provided in the last three preceding sections of this chapter in the case of the railroad corporation.

SECT. 42. If the selectmen, or persons acting in a like capacity, in any town or city in this State in which any such crossing may be, shall at any time be of the opinion that such bridge, culvert, crossing, or other constructions require repairing or rebuilding in order to be safe for travel thereon, they may notify the person or persons, whose duty it is made by this chapter to repair or rebuild the same, thereof, by leaving a written notice to that effect with either the person, acting as president, or the superintendent of such road, or the clerk of said corporation. And if such person, or persons, shall neglect to repair or rebuild the same for the period of one month after the notice aforesaid, the same town or city may repair or rebuild the same, and recover the expense thereof of such person or persons, in an action of general assumpsit for work and labor done, together with costs of suit.

SECT. 43. Nothing in the provisions of the past five preceding sections of this chapter shall be so construed as to interfere with any express contract which has been or may hereafter be made between any railroad corporation, or other persons herein referred to, and any town or city, relative to the keeping in repair or rebuilding of any such bridge, culvert, crossing, or other construction.

ΤΟ PREVENT OBSTRUCTIONS OF HIGHWAYS, AND AT RAILROAD

CROSSINGS.

SECT. 44. If any railroad corporation, or its assignees, or trustees, or its or their servants or agents, shall willfully or negligently obstruct any highway or public street in this State, by their engines, tenders, or cars, such corporation, assignees, trustees, servants, or agents, shall be liable to a fine of not less than five dollars, nor more than twenty dollars, for each offence.

SECT. 45. If any person shall leave or deposit any wood, lumber, or other material, on the line of any railroad or highway in this State, at or near the crossing of any highway, in such manner as to prevent or obstruct a sight of the cars when approaching said highway crossing, the person so offending shall be subject to a fine of not less than five nor more than fifty dollars.

SECT. 46. If any person shall neglect or refuse to remove said obstruction, after notice has been given to such person by one or more of the selectmen of the town in which said crossing is situated, the person so offending shall be subject to the same penalty as is provided in the preceding section of this chapter, for every twenty-four hours such obstruction is suffered to remain thereafter, which fine shall be for the benefit of the town in which such offence is committed.

FENCES, FARM CROSSINGS, AND CATTLE-GUARDS.

SECT. 47. Each railroad corporation shall erect and maintain the fences on the sides of their road, (so far as the same shall be necessary,) of the height and strength of a division.