Purchase

lands.

and encourage the construction, maintenance, and accommodation of such railroad.

Third-To purchase, and by voluntary grants and donations receive and take, and by its officers, engineers, surveyors, and agents enter upon and take possession of and hold and use, in any manner they may deem proper, all such lands and real estate, and other property, as the directors may deem necessary and proper for the construction and maintenance of such railroad, and for the stations, depots, and other accommodations and purposes deemed necessary to accomplish the objects for which the corporation is created. Fourth-To lay out its road or roads, not exceeding nine rods wide, and to construct and maintain the same with a single or double track, with such appendages as may be deemed necessary for the convenient use of the same, and for the purpose of making embankments, excavations, ditches, Material for drains, culverts, or otherwise, and procuring timber, stone, and gravel, or other materials, may take as much more land, whenever they may think proper, as may be necessary for the purposes aforesaid, in the manner hereinafter provided, for the proper construction and security of the road.

Lay out road.

road.

Over roads and waters.

Join other railroads.

Fifth-To construct their road across, along, or upon any stream of water, water-course, roadstead, bay, navigable stream, street, avenue, or highway, or across any railway, canal, ditch, or flume which the route of its road shall intersect, cross, or run along, in such manner as to afford security for life and property; but the corporation shall restore the stream or water-course, road, street, avenue, highway, railroad, canal, ditch, or flume thus intersected to its former state, as near as may be, or in a sufficient manner not to have unnecessarily impaired its usefulness or injured its franchises.

Sixth-To cross, intersect, join, and unite its railroad with any other railroad, either before or after constructed, at any point upon its route, and upon the grounds of such other railroad company, with the necessary turnouts, sidings, and switches, and other conveniences, in furtherance of the objects of its connections; and every company whose railroad is or shall be hereafter intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connection, and grant the facilities Compensa aforesaid; and if the two corporations cannot agree upon the

tion.

amount of compensation to be made therefor, or the points

or the manner of such crossings, intersections, and connections, the same shall be ascertained and determined by How fixed. Commissioners, to be appointed as is provided hereinafter,

in respect to the taking of lands, but this section is not to affect the rights and franchises heretofore granted.

land and

Seventh-To purchase lands, timber, stone, gravel, or other Purchase materials, to be used in the construction and maintenance materials. of its road, or take them in the manner provided by this Act; may change the line of its road, in whole or in part, change of whenever a majority of the directors shall so determine, as is provided hereinafter; but no such change shall vary the general route of such road, as contemplated in the articles of association of such company.

line.

land for

Eighth-To receive, by purchase, donation, or otherwise, Purchase any lands or other property of any description, and to hold depots, etc. and convey the same in any manner the directors may think proper, the same as natural persons might or could do, that may be necessary for the construction and maintenance of its road, or for the erection of depots, turnouts, workshops, warehouses, or for any other purposes necessary for the conveniences of such companies, in order to transact the business usual for such railroad companies.

persons and

Ninth-To take, transport, carry, and convey persons and Transport property on their railroad by the force and power of steam, property. of animals, or any mechanical power, or by any combination of them, and receive tolls or compensation therefor.

stations, etc.

Tenth-To erect and maintain all necessary and convenient Erect buildings, stations, depots, and fixtures, and machinery, for the accommodation and use of their passengers, freight, and business, and obtain and hold the lands and other property necessary therefor.

and tolls.

Eleventh-To regulate the time and manner in which pas- Regulations sengers and property shall be transported, and the tolls and compensation to be paid therefor, within the limits prescribed by law.

trains.

regulations.

Twelfth-To regulate the force and speed of their locomo- speed of tives, cars, trains, or other machinery, used and employed on their road, and to establish, execute, and enforce all need- Rules and ful and proper rules and regulations, fully and completely, for the management of its business transactions, usual and proper for railroad companies.

Subject to general

*Thirteenth-To possess and be subject to all of the provis

Corporation ions of chapter one of an Act entitled "An Act concerning

Act.

May change line of road.

New map

filed.

Not avoid

points

named in articles.

Crossing of roads.

and

materials.

corporations," passed April twenty-second, A. D. eighteen hundred and fifty, so far as such provisions are not in conflict or inconsistent with the provisions of this Act.

SEC. 18. If, at any time after the location of the line of such railroad, in whole or in part, and the filing of the map thereof, as provided by this Act, it shall appear to the directors of such company that the same may be improved, such directors may, from time to time, alter or change the line in any manner they may think proper, and cause a new map to be filed in the office where the map showing the first location is filed, and may thereupon take possession of the land embraced in such new location that may be required for the construction and maintenance of such road on such new line, either by agreement with the owner or owners of such land, or by such proceedings as are authorized under the provisions of this Act, and use and enjoy the same in place of the line for which the new is substituted; but nothing in this Act shall be so construed as to confer any powers on such companies to so change their road as to avoid any point named in their articles of association, except as provided in section seventeen, subdivision seven, of this Act.

SEC. 19. Whenever the track of such railroad shall cross a railroad or highway, such railroad or highway may be carried under, over, or on a level with the track, as may be most expedient; and in cases where an embankment or cutting shall make a change in the line of such railroad or highway desirable, with a view to a more easy ascent or Other lands descent, the said company may take such additional lands and materials, if needed for the construction of such road or highway on such new line, as may be deemed requisite by Use of land said directors. Unless the lands and materials so taken shall be purchased or voluntarily given for the purposes aforesaid, compensation therefor shall be ascertained in the manner in this Act provided, as nearly as may be, and duly made by such corporation to the owners and persons interested in such lands; and the same, when so taken and compensation made, to become part of such intersecting road or highway in such manner and by such terms as the adjacent parts of such highway may be held for highway purposes. * See introductory note.

and compen

sation.

over public

public lands.

same.

grounds.

SEC. 20. The right of way is hereby given and granted to Right of way all railroad companies that are now organized or may be lands. organized under the provisions of this Act, to locate, construct, and maintain their roads, or any part or parcel thereof, over and through any of the swamp or overflowed Swamp and lands belonging to this State, or any other public lands which are now or may be the property of this State at the time of constructing said railroad; and the said railroad companies are hereby authorized to survey and mark through the said lands of the State, to be held by them for the track of their respective railroads, one hundred feet in width for Width of the whole length the said roads may be located over the lands of the State; and in no cases where deep excavations or heavy embankments, or other cuttings or structures whatever, or ditches, drains, canals, culverts, or other structure to protect the road-bed and to facilitate the use and enjoyment of the same, is or may be required for the grade or other uses of said roads, then at such places a greater width may be taken by such company, and which is hereby given, not exceeding two hundred feet wide. And the right is hereby further Depot given and granted to said companies to locate, occupy, and hold all necessary sites and grounds for watering-places, depots, or other buildings for the convenient use of the same along the line of said road or roads, so far as the places convenient for the same may fall upon the lands belonging to the State, except within the limits of any incorporated In or near city or town, or within three miles thereof where the same towns. shall be taken, on paying to the State the value of the same; and, provided, that no one depot, watering-place, machine or workshop, or other buildings for the convenient use of such roads shall cover over two square acres each, and that said Not over two sites or places on the lands of this State shall not be nearer to each other than five miles along the lines of said roads; Five miles the right is hereby further given and granted to said companies to take from any of the lands belonging to this State Grant of all such materials of earth, wood, stone, or other materials whatever as may be necessary or convenient from time to time for the first construction or equipment of said road or roads, or any part thereof; provided, that the grants herein Limitation made, as well of the use of the land of this State as for the materials for the construction and equipment of said road or roads, shall cease and determine as respects each particular

cities and

acres.

apart.

materials.

of.

Abandonment of road.

Plats of

depots, etc., filed.

road which shall not have been begun and completed within the times limited in section thirty-nine of this Act; and provided further, that if any road, at any time after its location, shall be discontinued or abandoned by said company or companies, or the location of any part thereof be so changed as not to cover the lands of the State thus previously occupied, then the lands so abandoned or left shall revert to this State; and provided further, that when the location of the route of either of said railroads, or sites, or places for depots, watering-places, machine or workshops, or other buildings for the convenient use of the same, shall be selected, the Secretary of the said company shall transmit to the SurveyorGeneral, and to the Controller of this State, and to the Recorder of the county in which the lands so selected are situated, to each of said officers a correct plat of the location of said railroad, or sites, or places, before such selection shall become operative. And when any such company shall, in cities, etc. for its purposes aforesaid, require any of the land belonging to any of the counties, cities, or towns in this State, the county, city, and town officers respectively having charge of such lands, may grant and convey such land to such company for a compensation which shall be agreed upon between them, or may donate and convey the same without any compensation; and if they shall not agree upon the sale and price, the same may be taken by the company as is provided in other cases of taking lands by the provisions of this Act.

May condemn lands

Cities and towns may donate.

SEC. 21. Any county, city, or town in this State shall have and are hereby fully empowered, by and through a twothirds vote of the Board of Supervisors, the Common Council, or any other officers having a supervisory or other control of such county, city, or towns, respectively, to give, grant, or donate to any railroad company now organized, or that may be hereafter organized under the laws of this State, the use of any of the streets or highways which may be absolutely necessary in order to enable any such company to reach an accessible point for a depot in any such county, city and county, city, or town, or to pass through the same on as direct a route as possible, and accommodate the travelNot to apply ing and commercial interests thereof; provided, however, the provisions of this section shall not apply to any street railroad now constructed or hereafter to be constructed in any

Use of streets.

to street

railroads.