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sioners of


adequate security to comply in all respects with the terms and conditions prescribed.

Laws of 1854, ch. 140, §§ 1, 2.

529. When any person or association con

may permit structs a railway upon land purchased for the

certain rail

ways to

cross public purpose on a route crossing any public road, they



chiefs may

grant right of way.

Grants by owner not having


may be authorized, by the written consent of the commissioners of highways having charge of such road, to construct their railway across or on the same, but they shall restore it to its former state, so as not to impair its usefulness.

1 R. S., 1054, § 152.

§ 530. The chiefs of any nation of Indians may, with the approval of the county court of the county, grant to a company the right of way over their lands; but nothing more can be so granted than the right to use, for the purposes of the railway, the lands taken.

Ib., 1243, §§ 62, 63.

§ 531. The supreme court has power, by a sumcapacity to mary proceeding, on petition, to authorize any trustee not otherwise authorized, or the general guardian or committee of any infant, idiot or person of unsound mind, to sell and convey to any railroad corporation, on such terms as shall be just the title vested in such trustee, or in such infant, idiot or person of unsound mind, to any real property which is required for the purposes of such


company's incorporation. In case such infant, idiot or person of unsound mind has no general guardian or committee, the court may appoint a special guardian or committee for the purpose, and may require from him such security as it deems proper. Before the conveyance is executed, the terms thereof shall be reported to the court on oath, and if the court is satisfied they are just to the party interested in the estate, it shall confirm the report and direct the proper conveyance or release to be executed, which shall have the same effect as if executed by an owner having legal power to sell and convey.

1 R. S., 1230, § 26.



§ 532. In case any railway corporation, the line title by of whose road has been surveyed and designated, and a certificate thereof duly filed, as required by section 533, is unable to agree for the purchase of any real property required for purposes of its incorporation, it has the right to acquire title to the same in the mode provided by the CODE OF CIVIL PROCEDURE for taking private property for public use.

From 1 R. S., 1224, § 13, amended by Laws of 1853, ch. 282, § 4. By that act, real property, between certain streets in the city of Buffalo, is excepted.

§ 533. All lands acquired by any railway company by appraisal, for passenger and freight depots shall be held in fee.

Laws of 1854, ch. 282, § 17.


acquired to be held in


Route to be fixed before


Commission to review


§ 534. Every railway company formed under the general laws of the state shall in each county, before constructing any part of their road therein, make a map and profile of their route therein, which shall be certified by their president and engineer, or a majority of the directors, and filed in the county clerk's office. The company shall give written notice of such route to all actual occupants of lands over which it lies and not belonging to the company.


1 R. S., 1229, § 22, first part.

§ 535. Any party feeling aggrieved by the locamay, within fifteen days after receiving such notice, apply to the county court by a verified petition setting forth his objections and the court may, if it deems there is sufficient cause, appoint three disinterested persons, one of whom must be a practical engineer, as commissioners to examine the route, and after hearing the parties to confirm or alter the same as may be just to all parties and the public; but no alteration shall be made without concurrence of the commissioner who is a practical engineer. Their determination shall be made, certified and filed in the county clerk's office within thirty days after their appointment. They are entitled to three dollars each per day for services and expenses, to be paid by the petitioner, and if the route is altered by them the company shall refund it.

Ib., 1229, § 22, last part.

may alter their routes

§ 536. Any company may at any time by a two- Company thirds vote of the directors, alter any part of their route; and when their grade is required to be altered at a canal-crossing in consequence of directions from the canal commissioners, they may with the assent of such commissioners lay out a new line for the purpose of crossing at a more favorable grade, and without being compelled to abandon the existing line. In any alteration of their route or any addition of such new line, they shall file in the proper county clerk's office a survey, map and certificate; but no such alteration of a route or addition of a new line shall be made in any city or village after the road is constructed, unless by the sanction of a two-thirds vote of the common council or trustees. In case of any alteration of route after grading has been commenced, compensation shall be made to all persons for injury so done to lands that were donated to the company.

1 R. S., 1229, § 23; Laws of 1854, ch. 282, § 17.

may alter

their grades

§ 537. Any railway company may at any time Company alter the grade in any part of their route; damages arising therefrom to be appraised as upon taking lands.

From Laws of 1855, ch. 478, ý 1. The city of Buffalo is excepted in that act.



§ 538. Where the route crosses a highway, Constructurnpike or plankroad already or hereafter laid and interout, the latter may be carried under or over the track. Where an embankment or cutting makes

Weight of


Map of completed road to be filed.

Lines common to two railways.

a change in the line of such an intersecting public way desirable for ease of ascent or descent, the company may take for such change such additional lands as are requisite, in the same manner as lands acquired by the corporation for its own roadway; and the same become part of such intersecting way, and are held by the same tenure therewith. 1 R. S., 1229, § 24; Laws of 1853, ch. 62, § 2, last clause

§ 539. No company shall use for their track, except for turnouts, sidings and switches, any iron rail of less than fifty-six pounds to the lineal yard. 1 R. S., 1230, § 27.

§ 540. Every company shall, within a reasonable time after their road is constructed, cause to be made a map and profile thereof, and of the land obtained for the use thereof, and file the same in the office of the state engineer and surveyor; and also like maps of the parts thereof located in different counties and file the same in the offices for recording deeds, in the county in which such parts are. Every such map shall be drawn on a scale, and on paper, to be designated by the state engineer and surveyor, and shall be certified and signed by the president or engineer of such corporation. Ib., 1238, § 44.

§ 541. Whenever two companies embrace the same location for a portion of their line, or whenever, by the connection of two or more railways, the same points of termination are reached by

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