or at different and successive times in such parts as shall be deemed conducive to the interests of all concerned.

SECT. 5. A railroad being authorized by grant of the Legislature, the grantees, by their agents and engineers, may enter upon any land which falls within their route, and make such surveys as they deem necessary.

SECT. 6. They shall locate the route for their railroad where they deem it most suitable, establishing at convenient distances, not exceeding one mile apart, permanent monuments easily ascertained, and make a return of their location with reference to said monuments to the office of the secretary of state.

SECT. 7. Such return shall describe the location of their road by course and distance, with reference to such monuments, the width of the land located, the quantity of land of each owner proposed to be taken, and the name of the owner, if known.

SECT. 8. If stockholders of the railroad corporation, holding one tenth of the capital stock thereof, are dissatisfied with the location, they may apply by petition to the railroad commissioners for a change of the same; and they shall give notice to the corporation and all others interested by publication, and, after due hearing and examination, shall make such changes in the location as they deem the public interest to require.

SECT. 9. The grantees of such railroad, either before or after such location, may obtain deeds, or bonds for deeds, of any lands which they deem necessary for their road, or of the right of way over the

same.

SECT. 10. If from any cause they cannot or do not obtain such deeds, they may apply by petition to the railroad commissioners to appraise the damages to the owners of such lands occasioned by such railroad.

SECT. 11. Any owner of land over which such railroad is located, who is aggrieved by such location, may, at any time before his damages are assessed, present his petition to the railroad commissioners, praying for a change of the location of such railroad.

SECT. 12. The railroad commissioners shall give such notice of a hearing, upon any application by the proprietors of the railroad for an assessment of damages, to the several owners and parties interested in the land over which said railroad is located, as county commissioners are required to give of hearings upon petitions for highways referred to them.

SECT. 13. They shall give like notice of a hearing, upon the application of a land-owner for a change of location, to the railroad proprietors and others interested. No appraisal of damages shall be

made after such petition is filed till the question of change of location is decided.

SECT. 14. The railroad commissioners shall give notice of any hearing for the appraisal of damages to the selectmen of the town in which the land lies; and the railroad commissioners and said selectmen being met, shall constitute a joint board for such appraisal.

SECT. 15. Notice of the time and place of the commencement of any such hearing, and of the distance to be examined, shall in all cases be sufficient.

SECT. 16. Said commissioners shall examine the place, hear the parties, and make report of their proceedings, in the same manner as county commissioners are required to do in the case of highways. SECT. 17. Such report shall be final, unless either party aggrieved shall appeal therefrom within thirty days after notice thereof, upon which appeal the same proceedings shall be had as on appeal from an award of damages by the county commissioners.

SECT. 18. The location of any railroad may be changed, on petition of the proprietors, by the railroad commissioners, after notice to all persons interested, as well upon the existing as the proposed location, a hearing, and an award of damages to persons injured by such change.

SECT. 19. The rights of all parties shall be the same in such case as on the original appraisal, and the change of location shall be a discontinuance of the part so changed; but the proprietors may be allowed by the commissioners a limited time to remove their fixtures therefrom.

SECT. 20. Damages awarded to any land-owner shall be paid or tendered him, if known and resident in the State, before the proprietors shall enter on his land to make their road, except by his consent.

SECT. 21. If the owner or his residence is unknown, or if he is a minor and has no guardian, or is not resident in the State, the damages awarded shall be paid to the state treasurer for his use before the land can be rightfully entered upon.

SECT. 22. If an appeal is taken from the award of damages, the proprietors may enter upon and use the land, upon payment of the damages awarded to the owner, or, on his refusal of the same, to the state treasurer, and filing in his office reasonable security to the satisfaction of either of the county commissioners for the payment of any further damages and cost which may be awarded to the landowner upon said appeal.

SECT. 23. No action shall be brought for damages before entry upon the land; and if the location of the road shall be changed

before the land is entered upon for the purpose of building the road, no damages shall be paid.

SECT. 24. Branch railroads, for the purpose of obtaining gravel, timber, or other material for the railroad, or for the accommodation of individuals, may be constructed and maintained across any highway by the permission of the selectmen, if the same does not obstruct the public travel.

SECT. 25. No title to any real estate or interest therein shall be acquired by or against the proprietors of any railroad by any adverse possession, however exclusive or long continued.

SECT. 26. The railroad commissioners shall certify the damages awarded to land-owners in each town by them, separately or in connection with the selectmen, to the town clerk of such town, within ten days after the making thereof; and the clerk shall note thereon the date of its receipt, and keep it on file, and any appeal may be entered at the court holden next after the expiration of thirty days therefrom.

SECT. 27. If land occupied by a railroad was not laid out and the damages appraised at the time of its construction, the road shall not be obstructed, but the land may be set off and the damages appraised as should have been done originally; and the costs of the proceedings shall be assessed by the railroad commissioners, and paid by the proprietors of the railroad.

SECT. 28. Whenever upon a hearing before the railroad commissioners and the selectmen of any town, upon an application for the assessment of damages for land taken in such town, commissioners and selectmen, as a joint board, are or have been unable to agree upon the amount of damages to be awarded to the owner of any land in such town, included in the location of such railroad, and shall have made report of their proceedings as required by law, the supreme court for the county, or any disinterested justice of said court in vacation, on the application in writing of such railroad or land-owner, shall appoint three disinterested men, resident of the county, who shall, after due notice to and hearing of the parties, appraise the damage to such land-owner for the land taken for such railroad in the same manner and with the same proceedings as are now provided by law for such assessment.

SECT. 29. Any railroad corporation may take and hold such land as may be necessary for side tracks, wood-sheds, repair-shops, engine, car, and freight houses, turn-tables, and depot purposes, and shall file a location of the same, as now provided by law for the location of railroads; and the damages for the same, in case the parties do not agree, may be assessed in the same manner as now provided by

law for land taken for such railroads; provided, that a copy of the location so made shall be given to the owner if known and resident in this State, and if such owner is unknown or resides without the State, that a like copy shall be published in some newspaper published in the county where the land so located is situated, at least twelve days before application shall be made to assess the damages for such land; and if any such owner is dissatisfied with such location, either party may apply to the railroad commissioners, who, after due notice to all parties interested, may change such location as justice may require, and shall file the location by them made in the office of the secretary of state.

SECT. 30. Any railroad corporation may, in like manner, take and hold earth and gravel contiguous to the line of said railroad, necessary for repairing, securing, or ballasting its road; provided, that in their certificate of location thereof they shall specify the depth to which they propose to grade the same; and in case they are unable to agree with the owner in relation thereto, the railroad commissioners shall state in their certificate of location the depth to which such material may be removed.

SECTION

CHAPTER 161.

CROSSINGS, STATIONS, AND PASSES.

SECTION

1. Proprietors to provide crossings, 11. Appeal from assessment of dam

SECTION 1. Railroads having for their principal object the public accommodation, the proprietors thereof shall be bound to provide

crossings, stations, and other facilities for the public, and to make gates, crossings, cattle-passes, and other facilities for owners of land divided thereby or separated from any highway.

SECT. 2. If the track of any railroad is nine feet or more above any highway crossed by it as it was used when the railway was located, the proprietors thereof, within four months after notice by the selectmen, shall construct and afterward maintain a suitable pass for said highway under their track, at least ten feet in height above the traveled path and below the lower part of the timbers supporting the railway, and on failure so to do shall forfeit one hundred dollars for each month's neglect, for the use of the town.

SECT. 3. Any town, in any other case, may, by vote, require the proprietors of any railroad to secure the crossing of any highway by said railroad, by a bridge, or a pass under said way, or by gates on both sides of said railroad.

SECT. 4. If the proprietors of said railroad shall not construct such bridge, pass, or gates to the satisfaction of the selectmen, within six months after notice of said vote, they shall forfeit one hundred dollars for each month's neglect, unless they shall make application to the supreme court for a decision as hereinafter provided.

SECT. 5. The proprietors of such railroad, within thirty days after notice of such vote, may apply by petition to the supreme court for an examination of the crossing and a decision as to the propriety of such change; and notice thereof being given to the town, the petition may be referred to the county commissioners.

SECT. 6. The county commissioners, after notice, examination, and hearing, as required in case of highways, shall report whether the gates, pass, or bridge required by the town is necessary, and, if not, what is necessary to be done for the public security.

SECT. 7. Upon such report the court shall make such order as to such crossing as they may deem necessary.

SECT. 8. Whenever the proprietors of any railroad deem it necessary for the public safety that an intersection of their road with a highway shall be secured by a bridge, gates, or a pass, they may petition the supreme court for authority to construct the same; and thereupon the same proceedings shall be had as provided in the preceding sections.

SECT. 9. If the land of any person is alleged to be necessary for the construction of any pass or bridge, notice of such hearing shall be given to the owner thereof by the commissioners, and, after hearing, they may set off so much of said land as they deem necessary, and appraise the damages; upon payment or tender of which the proprietors of the railroad may use said land for that purpose.