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sioners may cause it to be removed at his expense. Their charges therefor may be recovered as provided in section 448.

1 R. S., 1050, § 122; Laws of 1858, ch. 261, § 7.

across highways, when

§ 514. No gates shall be allowed on any public Gates highway duly laid out, except on highways run- allowed. ning through lands liable to be overflowed in such manner as to remove the fences.

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to be at the occupant's

§ 515. Such gates shall be erected and main- Such gates tained by the overseers of highways at the expense expense. of the occupant or owner for whose benefit they are erected. If intermediate lands between any two such gates are severally occupied or owned by more than one person benefited, the whole expense shall be borne by all, in proportion to the extent of land each occupies or owns adjoining the highway between the gates.

Ib., §§ 132, 133.

516. The overseer of the district shall annu

ally, on or before the first day of November, make and file with the town clerk a statement, verified by oath, of such expenses, stating the amount to be paid by each person, which amounts, within ten days after filing it, he shall demand of each such person. If any one neglects to pay within six days after demand, the overseer shall proceed to collect the same as provided in section 448.

Ib., 1052, § 135.

Overseer to

file statement of


and collect them.

Account of

the gates

and penalty

§ 517. The commissioners of highways shall file

for leaving in the town clerk's office an account of such gates;


Penalties for injuries to highways

Removal of fallen trees,

Penalty for unauthorized felling

and if any person passing such a gate leaves it open, or willfully and unnecessarily rides over ground adjoining the road on which such gate is erected he shall forfeit to the party injured treble damages. 1 R. S., 1052, § 136.

§ 518. Whoever obstructs or injures any highway, or obstructs or diverts any water-course thereon is liable to a penalty of ten dollars. Whoever removes or injures any mile-board or mile-stone or guide-post, or any inscription on such, erected upon any highway, is liable to a penalty of ten dollars for every offense, and is guilty of a misdemeanor.

Modified from Ib., 1055, §§ 155 to 157; 1053, § 141.

§ 519. Any person may give notice to the occupant or owner of any inclosed land, from which a tree is fallen upon a highway, to remove such tree within two days; and if it is not removed within that time the occupant or owner is liable to a penalty of fifty cents for every day thereafter till it is removed.

1 R. S., 1051, § 128.

520. Whoever cuts down a tree on land not occupied by him, so that it falls into any highway, river or stream, unless by the occupant's consent, shall forfeit to such occupant one dollar for every

tree so felled, and the like sum for every day the same remains in such highway, river or stream.

1 R. S., 1051. § 129.

bridges,and penalty for ing.

521. The commissioners may put up and main- Notice on tain at each end of any public bridge, the length disregardof whose chord is not less than twenty-five feet, a notice in these words, in large characters: "One dollar fine for riding or driving on this bridge faster than a walk;" and whoever rides or drives faster than a walk on such bridge is liable to a penalty of one dollar for each offense.

Ib., 1053, §§ 142, 143.

of penalties.

§ 522. All penalties or forfeitures given in the Application provisions of this Code respecting highways, and not otherwise specially provided for, shall be recovered by the commissioners of highways of the town where the offense is committed, and be expended on the highways.



ARTICLE I. General powers and duties of railway companies.

II. Construction of railways.

III. Railway traffic.



SECTION 523. Powers of company.

524. Annual report.

525. Penalty for neglect.

526. Legislature may reduce the rates of fare and freight.

Powers of company.

§ 523. In addition to the general powers of corporations, every railway company has power:

1. To make all surveys necessary for the choice of its route, and for such purpose to enter upon the lands or waters of any person, but subject to responsibility for all damages done;

2. To take and hold by purchase, or by voluntary grants, any property to aid in the purposes of its incorporation; but real estate received by voluntary grant shall be held and used for the purposes of such grant only;

3. To lay out its road, not exceeding six rods in width, and to construct the same, and for purposes of cuttings and embankments to take as much more land as necessary for its secure construction; and to cut down any trees that may be in danger of falling upon it, making compensation therefor in the same way as for lands taken;

4. To construct their road across, along or upon any stream, water-course or public way which its route intersects or touches, restoring the same to its former state, or to such state as not unnecessarily to impair its usefulness; and subject to the powers, with respect to railways, conferred by law upon the canal commissioners. Nothing in this

chapter contained shall be construed to authorize the erection of any bridge or other obstruction at

R. S., 474, § 24.

place on any stream or lake navigated by any steam or sail boats; nor the construction of any railroad in or across any city street without the assent of the corporation of the city; nor upon any land within a public way, without compensation to the owner of the fee thereof;'

5. To cross, intersect and unite its road with any railway before constructed, and upon the ground of such other railway company, with the necessary turn-outs, sidings and switches, and other conveniences in furtherance of the objects of its connections. Every company whose road is intersected by a new road shall unite with the company owning such new road in forming such intersections and connections, and grant the necessary facilities; and if they cannot agree upon the compensation therefor, or the points and manner of such crossings and connections, the same shall be ascertained in the manner provided by law for lands taken;

6. To carry persons and property on their railway by the power of steam or of animals, or by any mechanical power;

7. To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and useof their passengers, freights and business;

8. To regulate the time and manner in which

1 Williams v. The N. Y. Central R. R. Co., and § 57.

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