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Railroad Annual Report New York 1864 Annual Report of the State Engineer & Surve
Railroad Annual Report New York 1864 Annual Report of the State Engineer and Surveyor of the State of New York and of the Tabulations and deductions from the reports of the Railroad Corporations for the year ending September 30, 1864. 485 Pages MOSt of the binding edge of the cover is missing - book has been taped there.
Report of the State Engineer and surveyor, abstract of the reports of railroad corporations, documents - tabulated results, tables of comparative statements for five years, reports of individual railroad companies, more.
The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Subdivisions five of section 28 of the act entitled "An act to authorize the formation of Railroad Corporations, and to regulate the same," passed April second, 1850, is hereby amended by adding thereto the following : " Nor to authorize any such railroad company to construct its road upon and along any highway, without the order of the Supreme Court of the judicial district in which said highway is situated, made at a special term of said court, after at least ten days' notice in writing of the intention to make application for said order shall have been given to the commissioners of highways of the town in which said highway is situated.
2. And when the railroad of any railroad corporation, shall be leased to any other railroad company, or to any person or persons, such lessees shall maintain fences on the sides of the road so leased, of the height and strength of a division fence, as required by law, with openings, or gates, or bars therein, at the farm crossings of such railroad, for the use of the proprietors of the lands adjoining such railroads, and shall also construct, where the same has not already been done, and hereafter maintain cattle guards at all road crossings, suitable and sufficient to prevent horses, cattle, sheep and hogs from getting on to such railroad. And so long as such fences and cattle guards shall not be made, and when not in good repair, such lessees and their agents shall be liable for damages which shall be done by the agents or engineers of any such corporation, to any cattle, horses, sheep or hogs thereon ; and when such fences and guards shall have been duly made, and shall be kept in good repair, such lessee shall not be liable for any such damages, unless negligently or willfully done. A sufficient post and wire fence of requisite height shall be deemed a lawful fence, within the provisions of this section ; but no lessees of a railroad corporation shall be required to fence the sides of said roads except when such fence is necessary to prevent horses, cattle, sheep and hogs from getting on to the track of the railroad, from the lands adjoining the same.
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