1883. Rev. 1888, §3443.*

1883.

Rev. 1888, §3444.

pended at least ten thousand dollars for each mile of such railroad within this state between either terminal point in the location of such road and the proposed location of such bridge; provided, that no bridge shall be constructed across any river or harbor nearer the sea than some existing bridge across such river or harbor, and that all such bridges shall be constructed in such manner, and of such materials and with draws of such width for the passage of vessels, as the railroad commissioners shall authorize and direct; but nothing herein shall be construed to authorize any railroad company to construct or use a bridge for any but railroad purposes.

§ 3674. Companies may consolidate. Any railroad company, incorporated under the laws of this state for the purpose of building and operating a railroad within this state extending to or beyond the boundary line of this state, may consolidate its capital stock, franchises, and property with the capital stock, franchises, and property of any other incorporated railroad company whose line of railroad, built or to be built, is situated wholly outside of this state, whenever the railroads of the companies thus consolidating form one continuous line of railroad from some point in this state to some point in an adjoining state; provided, that no companies shall thus consolidate if, at the time of their consolidation, the aggregate outstanding bonds of the companies proposing so to consolidate exceed onehalf of what has been actually expended upon the railroads of such consolidating companies, the amount of such bonds and expenditure to be ascertained from a written statement concerning each company, certified to the comptroller under the oath of the presidents and treasurers of the respective companies and of an engineer approved by the railroad commissioners of this state; and false swearing in the matter shall be perjury; and provided, that no railroad companies shall be consolidated under this provision whose railroads, built or to be built, run on parallel or competing lines.

§ 3675. Consolidation agreement. Such consolidation shall be made as follows: the directors of the companies proposing to consolidate may enter into a joint agreement, under the corporate seal of each company, for the consolidation of

§ 3674. Railroad corporations may be united, or a new one created, by concurrent action of two states. 28 C. 299.

such companies and railroads, and prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new company, the number and names of the directors and other officers thereof, who shall be the first directors and officers, their places of residence, the number of shares of the capital stock, the par value of each share, the manner of converting the capital stock of each of such companies into that of the new corporation, and how and when directors and officers shall be chosen, with such other details as the directors shall deem necessary to perfect such new organization and the consolidation of such companies and railroads. In no case shall the capital stock of the company formed by such consolidation exceed the sum of the capital stock of the companies so consolidated, at the par value thereof, nor shall any bonds or other evidences of debt be issued as a consideration for, or in connection with, such consolidation.

1883.

Said agreement Rev. 1888, $3445.

§ 3676. Stockholders' ratification. shall be submitted to the stockholders of each of such companies at a special meeting thereof, called separately, for the purpose of taking the same into consideration. Due notice of the time and place of such meeting and the object thereof shall be given by each company to its stockholders by written or printed notices addressed to each of the persons in whose names the capital stock of such company stands on its books, and delivered to such persons respectively or sent to them by mail, when their post-office address is known to the company, at least thirty days before the time of holding such meeting, and also by a general notice published daily for at least four weeks in some newspaper printed in the city, town, or county where such company has its principal office or place of business. At such meetings said agreement shall be considered, and a vote taken by ballot for its adoption or rejection; and if two-thirds of all the stock of each company shall vote for the adoption of said agreement, then that fact shall be certified thereon by the secretaries of the respective companies under the seals thereof, and the agreement so adopted, or a certified copy thereof, shall be filed in the office of the secretary of state, and shall be the agreement and act of consolidation of such companies. A copy of said agreement, duly certified by the secretary of state under the seal of the state, shall be evidence in all courts and places of the existence

R. R. C

1883.

Rev. 1888, §3446.

1883.

Rev. 1888, §3449.

1871. Rev. 1888, §3453.

of such new company, and that the provisions of §§ 3674 and 3675 and of this section have been duly complied with.

§ 3677. Powers of consolidated company. Such consolidated company, formed as aforesaid, shall have and enjoy all the rights, franchises, property, and privileges which at the time of their consolidation the constituent companies severally had or enjoyed, subject to the provision that such consolidation shall not confer upon any railroad company any power or privilege not given by the laws of this state to all railroad companies organized under the general law. Such consolidated company shall be subject, as respects the construction, maintenance, operation, and taxation of that portion of its road built or to be built in this state, to the laws of this state, as fully as if no consolidation had been made. No right of any creditor of any company thus consolidated shall be affected by such consolidation.

§ 3678. Where to sue or be sued. Such consolidated company may sue and be sued in any county in this state into or through which its railroad or railroad route may extend; and not less than six of its directors shall be at all times citizens of this state.

§ 3679. Application of foregoing provisions restricted. Nothing contained in the foregoing sections of this chapter shall authorize the construction of any street railway in any city or borough, and nothing contained in said sections or in § 3688 shall authorize the taking or using of any track, wharf, depot, or depot grounds of any other company without its consent, except for the purpose of crossing or connection.

1849, 1883. Rev. 1888, §3460.

CHAPTER 213.

Location and Construction of Steam Railroads. § 3680. Taking of land; commissioners' approval. Every railroad company may lay out its road not exceeding six rods wide; and for the purpose of such layout and for cuttings,

§ 3680. The right of eminent domain may be exercised over property already taken for public use. 36 C. 198. When legislature authorizes a railroad company to take land, it in effect declares that land so taken is for a public use. 69 C. 437.

embankments, and procuring stone and gravel, and for necessary turnouts, may take as much real estate as may be necessary for the proper construction and security of the road; but no real estate without the limits of such road shall be so taken without the permission of the parties interested therein, unless the railroad commissioners, on application of such company, and after notice to said parties, shall first prescribe the limits within which real estate shall be taken for such purposes, and no railroad shall lay out and finally locate its road without the written approval of the location by said commissioners. Any company may change the location of its road, or of any section or part thereof, either before or after such location has been approved by the commissioners, provided such change is made. before the construction of such road or of such section or part thereof has been commenced, and is made with the written approval of said commissioners; and that all damages that may be occasioned to any person by the taking of any real estate for said purposes shall be paid for by such company as provided by law.

1882.

§ 3681. Deposit by company before approval of lay- Rev. 1888, §3459. out. Every such company, before applying to the commissioners for their approval of the location of its road, shall deposit with the state treasurer a sum equal to eleven dollars for each mile of its proposed road in this state. And the comptroller shall include such company among the several railroad companies in his next annual apportionment of the office expenses and salaries of said commissioners, estimating the length of its main track or tracks as equal to the proposed length of its road; and said treasurer shall deduct from said deposit the amount so apportioned to such company, and return the remainder to the treasurer of such company.

1863, 1882.

§ 3682. Location may be altered; certificate. Every Rev. 1888, $3461. company, after its line of road shall have been located, approved, and established, may so far alter such location as to change the

§ 3681. Layout may be in sections, and proportionate payments made as sections are approved. 73 C. 511.

§ 3682. A highway may be taken for depot. 56 C. 314. Section 3747 does not give a right of appeal from a decision on a petition based on § 3682. 60 C. 164. Where authority of commissioners and authority of municipality conflict, commissioners prevail. 66 C. 222. No appeal is allowed from decision of commissioners under this section. 71 C. 281. Taking of land to

change radius of curves, etc., approved. 72 C. 489.

1893, ch. 264.

See $3712.

1893, ch. 262.

1884.

Rev. 1888, §3462.

radius of its curves, the width of its layout, the extent of depot grounds, its slopes and embankments, may straighten and improve its lines, and extend its lines of sight, when such changes are approved by the commissioners, and may take land for additional tracks, turnouts, and freight and passenger stations, and for the purpose of supplying water for the use of its engines and stations. A certificate of such changes or taking, duly signed by the commissioners, shall be lodged for record in the town clerk's office in the town or towns in which such changes are made or land taken.

§ 3683. May alter grades. Every company, after its line of road shall have been located, approved, and established, may alter its grades and raise any highway bridges that pass over its tracks to such height as may be approved by the commissioners; and may change the grade of the approaches to such bridges so as to conform to the change in the height of the bridges; but this section shall not authorize any company to raise its tracks so as to lessen the distance between an existing bridge and its tracks, without the approval of the commission

Damages accruing to any adjoining proprietor on account of any change of grade on the highways which are approaches to any such bridge, raised under the provisions of this section, shall be assessed and paid by such company in accordance with the provisions of §§ 3713, 3714, and 3716.

§ 3684. Land for additional tracks. Any company may so alter the location of its road as to add to the number of its main tracks, and for that purpose, with the approval of the commissioners, may take additional land in the manner now provided by law; but when an additional bridge over a navigable stream shall be required by an addition to the main tracks, the same shall be constructed in such manner, of such materials, and with draws of such width, as the commissioners shall authorize and direct, and such additional bridge shall be subject to the provisions of § 3732.

§ 3685. Land cut off from access to highway. When any company shall take land for railroad purposes, and the effect of such taking is to cut off other land from practical access

§ 3685. Cutting off land from all access to highway held a taking. 66 C. 224. Commissioners' approval settles necessity and extent of taking. 69 C. 437.