bars or opened gates in such fences for the purpose of passing through the same, shall not immediately replace or close the same, shall forfeit not less than ten nor more than fifty dollars, and in addition be liable to the party injured for all damages resulting from such act or omission; and if any person shall ride, lead or drive any horse or other animal upon such road when such road be fenced, or if any person or persons shall ride, lead or drive any horse or horses or team or teams lengthwise of said track when it is not fenced (other than at the farm crossings or upon depot grounds or where the same is laid along or across a public road or street) without the consent of the corporation or party having control of such road he shall, for every such offense, forfeit a sum not exceeding ten dollars, to be recovered by such corporation or party in an action before any justice of the peace of the county wherein such offense is committed, and shall also pay all damages which shall be sustained by the company or party aggrieved. It shall not be lawful for any person, other than those connected with or employed upon the railroad, to walk along the track or tracks of any railroad except when the same shall be laid along public roads or streets; provided, this section shall not be construed to prevent any person from driving across any such roads from one part of his own land to another.

Fences, company's neglect, right of occupant of land to build or repair. Section 1812. Whenever a railroad corporation is required by law to fence its track or railroad or to maintain or keep in repair any such fence and shall neglect or refuse to build or repair such fence, as the case may be, the owner or occupant of the land adjoining such railroad or over or through which the said railroad track shall or may be laid may, between the first day of April and the first day of October next succeeding, give notice in writing to such corporation to build, within sixty days, or repair within thirty days, such fence, as the case may be, after the service of such notice. Such notice shall describe the land on which such fence is required to be built or repaired, and service thereof may be made by delivering the same to any station agent of said corporation. In case the corporation or agent so notified shall refuse or neglect to build or repair the fences on the land described in such notice within the time aforesaid, then such owner or occupant may build or repair the same, as the case may be; and may recover by action from such corporation the cost thereof with interest at one per cent per month from the time such fence shall have been built or repaired.

Fences; company's neglect; complaint to commission; commission's power. Section 1797-120. Whenever a complaint

is lodged with the commission by the owner or occupant of any land contiguous to the right of way of any railroad line in this state, to the effect that the railroad company operating such line has failed to construct or keep in good repair suitable and proper · fences along its right of way adjacent to such land, it shall be. the duty of the commission to give notice to the railroad company in interest of the filing of such complaint, and to order at hearing thereon in the manner provided for hearings in section 1797-121. If upon such hearing it shall appear to the satisfaction of the commission that the lack of fences or the insufficiency of such fences as arist at the point mentioned in the complaint, subjects live stock which is or may be pastured on such land to injury from passing trains, said commission may order and direct said railroad company to repair such fence or fences so that the same shall be sufficient or to construct fences made of eleven strands of strong woven wire of at least No. 12 measurement, cross wires or meshes to be of not less than No. 16 wire. If cross wires are used, they are to be not more than six inches apart, and if meshes, no meshes shall exceed six inches square. The height of such woven wire fences shall not be less than fortyeight inches with the bottom wire close to the ground and the posts not more than sixteen feet apart. Fences of other material equivalent to the fences hereinbefore described may be ordered by the commission to be constructed whenever the circumstances of any case may seem to so require. Any fence constructed pursuant to and in compliance with the order of the commission shall be deemed a good and sufficient fence within the requirements of section 1810 of the statutes. (Ch. 383, 1913.)

1 See p. 8, 85.

Failure to provide fences, farm crossings and cattle guards; penalty. Section 1813. 1. Whenever, any railroad corporation shall operate a railroad over or through inclosed lands and shall fail to construct the fences, farm crossings, or cattle guards required by section 1810, proper for the use of such lands, the owner or occupant thereof may give notice in writing signed by him to such corporation, to be served as a summons in a court of record is required to be served on such corporation, to fence its road so running through his inclosed .lands, describing the same, and construct the necessary farm crossings and cattle guards thereon.

2. If such company, after being so notified, neglect for three months so to construct such fences, farm crossings and cattle guards, it shall be liable to pay to such owner or occupant ten dollars for each day after the expiration of said three months until so constructed.

3. But no time between any first day of November and the first day of April next succeeding shall be included in the three months aforesaid.

Contracts not affected. Section 1814. The foregoing provisions shall not affect in any manner any contract or agreement heretofore or hereafter entered into between any railroad corporation and the proprietors and occupants of lands adjoining for the construction and maintenance of any such gates, bars, cattle guards and railroad crossings.

Streams, highways, etc., to be restored. Section 1836. Every corporation constructing, owning or using a railroad shall restore every stream of water, watercourse, street, highway, plank road, turnpike or canal across, along or upon which such railroad may be constructed to its former state or to such condition as that its usefulness shall not be materially impaired and thereafter maintain the same in such condition against any effects in any manner produced by such railroad. When any lands shall be required in order to change any highway, street, turnpike or plank road the same may be condemned, taken, and compensation made in the manner provided in this chapter, and when so taken shall become a part of such highway, street, turnpike or plank road to the same. extent as, and by the same tenure by which, the adjacent parts thereof are held; provided, that where any railroad in this state shall be built along, upon or near a navigable river the improvement of which is in charge of the United States government, this section shall not apply to sloughs or bayous thereof closed by the government to aid the navigation of such rivers; provided further, that in case such sloughs or bayous shall hereafter be closed by any railroad company such company shall be liable in damages to any person or persons, corporation or corporations owning lands thereon injured thereby; and all provisions of these statutes for acquiring land by right of eminent domain and making compensation therefor shall apply in assessing damages for such closing and for injury to lands thereon.

Drains, crossing right of way. Section 1379-29. Said1 commissioners shall have the right to lay out and construct all necessary drains, ditches and levees across any railway right of way or yards in their district and any railway company whose right of way or yards crosses the line of any proposed drain, ditch or levee shall open its right of way or yards and permit such drain, ditch or levee to cross the same, as soon as said drain, ditch or levee is constructed to such right of way. Every drainage district shall be liable to the railway company whose right of way or yard any of its drains, ditches or levees crosses for the reasonable cost of the culverts and bridges made necessary by said drain, ditch or levee crossing

said right of way or yards, but not of more expensive character than the average other culverts and bridges on said division of railway crossing streams or ditches of approximately the same width and depth and within a hundred miles of said district ditches. Upon receiving fifteen days' notice in writing any railway company across whose right of way or yard any such drain, ditch or levee is laid out shall open its right of way or yards and permit said commissioners and their contractors, agents and employes to construct said drain, ditch or levee across said right of way or yards. For every day that said railway company fails, after the end of said fifteen days, to open their said right of way or yard as hereinbefore required, it shall forfeit twenty-five dollars to said drainage district, to be collected in an action as other forfeitures are collected or set off against any damages that have been awarded to such company. If said railway company fails to open its right of way or yard along the line of said drainage district, drain, ditch or levee, the commissioners may, at any time after the expiration of said fifteen days, open such right of way and yards along the lines of said drains, ditches and levees and construct the same.

1 Drainage.

Construction of drains. Section 1388b. 1. Whenever any town, city, village or railway company shall have heretofore constructed and now maintains or hereafter shall construct and maintain any public highway or road grade through, over and across any marsh, lowland or other natural depression over or through which surface water naturally flows and percolates, and the stopping of the said flow and percolation of said water by said highway or road grade causes any crop or land to be flooded, watersoaked or otherwise damaged, such town, city, village or railway company shall construct, provide and at all times maintain a sufficient ditch or ditches, culverts or other outlets to allow the free and unobstructed flow and percolation of said water from said lands, and to prevent such lands from becoming flooded, water soaked or otherwise damaged by said water. Provided, however, that the foregoing shall not apply to public highways or road grades now or hereafter used to hold and retain water for cranberry purposes.

2. Any town, city, village or railway company which shall fail to provide such necessary ditches or culverts, or other outlets shall be liable for all damages caused by reason of such failure or neglect. (Ch. 159, 1913.)

Culverts, etc., abandonment. Section 1836m. It shall be unlawful for any railroad to so fill in, close up, or fence in any waterway, culvert, or underneath cattle pass of a size sufficient to permit the passage of cattle or other stock which shall have been maintained, allowed or permitted to be in and used as a passageway for cattle or other stock through or across the

right of way for a period of five years as to prevent its use as a passageway for cattle or other stock without having first secured the consent in writing of the abutting landowners.

SAFETY REGULATION.

For general penalties, see sections 1797-25 to 1797-27. inclusive, and section 1819, p. 119.

Crossings, Operation of Trains.

Track or drawbridge, stopping of trains. Section 1808. Every train of cars and every locomotive about to cross the track of another railroad at grade shall come to a full stop before arriving at or crossing the track of such other and within four hundred feet thereof; and the train or locomotive arriving near said crossing first shall cross and move on first; and every such train or locomotive shall also come to a full stop before crossing or running upon any drawbridge over a stream which is regularly navigated by vessels during the season when such stream is so used for navigation, and the use of such draw is necessary for the passage of boats, vessels and other craft navigating the stream, at a distance from such bridge of not more than six hundred feet; provided, that no such stop need be made before crossing such drawbridge or crossing of railroads operated by the same company if at the time an employe of the company shall be standing on such bridge or crossing with a proper light by night or flag by day and signal such train to proceed, or if said drawbridge be provided with an interlocking arrangement which prevents the bridge being unlocked until a distance signal is set indicating danger, or is supplied with a mechanical device, works, fixtures or appliances so as to render it safe to cross it without stopping, and the plan of such works, fixtures or appliances has been filed with and approved by the railroad commissioner1; and provided further, that where any railroad tracks cross each other, whether the same are owned or operated by the same company or by different companies, and such company or companies shall have placed or erected at such crossings any works, fixtures or appliances so as to render it safe to pass over such crossings without stopping, and the plans of such works, fixtures or appliances have been filed with and approved by the railroad commissioner, then and in that case the provisions of this section requiring trains and locomotives about to pass over such crossing to come to a full stop before arriving at or crossing the same shall not apply.

1 See section 1797-36, p. 5.