1883, 1884. Rev. 1888, §3425. ing the town, city, or borough in which such crossing is located, and there giving the authorities thereof and such company an opportunity to be heard. If any such company shall neglect to station flagmen or maintain gates or electric signals as ordered by the commissioners, or shall neglect to comply with any order of the commissioners made pursuant to this section, it shall forfeit to the state fifty dollars for each day of such neglect. § 3889. Notice of decision. Appeal. When the com1889, ch. 216. missioners, on application as provided in § 3888, shall make or refuse to make an order, their decision shall be communicated to the parties in interest within thirty days from the final hearing, and any party aggrieved by such decision may appeal therefrom to the superior court in the manner provided for appeals in § 3747 and with like effect. In all cases in which, on appeal as aforesaid, an order shall be passed by the superior court, said court may, at any time upon the application of any party, with due notice to adverse parties, annul or vary such order; provided, that said court shall find that there has been a change of circumstances surrounding such crossing. 1907, ch. 248. 1884. Rev. 1888, $3492. 1884. Rev. 1888, 3493. Order for heating and lighting cars. Section 3890 of the general statutes is hereby amended to read as follows: The commissioners may make all orders which shall seem to them to be required by public safety, relating to heating and lighting passenger cars. § 3891. Use of highway for switching restricted. The commissioners may forbid any railroad company to use for switching purposes or standing trains such portion of its tracks upon or across any highway as in their opinion public convenience requires should not be so used; and they may limit the number of tracks which a company may lay upon or across a highway for side tracks or switching purposes, and may order any such company to remove such of the side tracks or switching tracks now laid upon or across any highway as the commissioners may deem public convenience or safety requires should be removed. § 3892. Use for switching regulated on petition; appeal. Said commissioners, when requested in writing by the selectmen of any town, the mayor of any city, or the warden of any borough, to forbid the use for switching purposes of the tracks of any company where the same cross any highway within such town, city, or borough, shall visit such crossing, first giving reasonable notice to the authorities making such request and to such company, and, if they find that public convenience requires, shall order the company operating such railroad not to use the same, or such part thereof as may be specified in said order, for switching purposes, and may make any order regulating such switching that they shall deem proper; and, upon like application and notice, shall make such orders in regard to the laying of side tracks or tracks for switching purposes upon or across such highways, or for the removal of such tracks already laid, as they may judge proper. The commissioners may change any such order, after giving such town, city, or borough, and such company an opportunity to be heard. When the commissioners, on application as aforesaid, shall make or refuse to make an order, their decision shall be communicated to the parties in interest within twenty days from the final hearing, and any party aggrieved by such decision may appeal to the superior court in the manner provided for appeals in § 3747, and with like effect. The superior court may upon application of any party, with due notice to adverse parties, amend or change any order passed as aforesaid. 1883. § 3893. General orders regarding crossings. Penalty. Rev. 1888, $3498. The commissioners may make orders for the regulation of the speed at which locomotives and cars shall cross highways, and generally may make all orders which they deem necessary or proper to prevent inconvenience to the public relating to the crossing or obstruction of highways by locomotives and cars. Every company which shall violate any such order shall forfeit to the state fifty dollars for each day of such violation. § 3894. Speed of trains in eities and boroughs. The power to regulate the speed of railroad trains within the limits of cities and boroughs shall be vested exclusively in the board of railroad commissioners. § 3895. Recommendations by commissioners. The commissioners shall, from time to time, recommend to the several companies operating steam railroads and street railways in this state, or to any of them, the adoption of such measures and regulations as such commissioners deem conducive to the public 1895, ch. 133. 1853. Rev. 1888, $3426. 1901, ch. 156, §9. 1878. Bev.1888, $83427, 3428. 1858. Rev. 1888, $3429. 1872, 1881. Rev.1888,§§3430, 3431. 1901, ch.156, §15. 1853, 1876, 1883. Rev. 1888, $3432. safety or interest; and shall report to the next general assembly any neglect on the part of any such company to comply with any such recommendation. § 3896. Guard rails on bridges. Penalty. When the commissioners shall deem it necessary for the safety of persons traveling upon any railroad in this state that guard rails or any other appliances to secure safety should be placed upon any bridge used by the company operating such railroad, the commissioners may order such company to place such guards upon such bridge as they may deem necessary and proper. Every such company which shall neglect or refuse to comply with such order shall forfeit to the state twenty-five dollars for each day of such neglect or refusal. § 3897. When officers or company may be enjoined. If, upon examination of any railroad or the affairs of any railroad company, the commissioners shall be of opinion that such road is in such condition, or that the affairs of such company are so conducted, as to endanger public safety, or that the company has violated the law or refused to obey the directions of said commissioners or of the superior court, or any judge thereof, they may within one year after said examination make application to any judge of such court for an injunction to restrain any person from exercising or attempting to exercise the duties of any officer in such company; and such judge may proceed thereon as the superior court may do on complaints for injunctions. § 3898. Commissioners may examine witnesses. The commissioners may summon and examine under oath such witnesses as they may think proper in relation to the affairs of any railroad company or street railway company; and whoever shall refuse, without justifiable cause, to appear and testify, or shall in any way obstruct any railroad commissioner in the discharge of his duty shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. The fees of witnesses summoned by the commissioners to appear before them under the provisions of this section, and the fees for summoning such witnesses, shall be taxed by the commissioners and paid by the state treasurer upon the order of the comptroller. § 3899. Commissioners' report. The commissioners 1895, ch. 294. shall make an annual report of the general conduct and con 1901, ch. 156, §10. dition of all railroads and street railways in the state, and of every violation of law by any company owning or operating any such railroad or street railway, and shall embody in their report such suggestions for legislation as they may think proper. § 3900. Penalty for disregard of order. When any Rev. 1889, $3496. railroad company fails to comply with any lawful order of the commissioners relating to any highway crossing or portion of a railroad within any town in this state, for which failure no other penalty is provided, such company shall forfeit to the town, within which is situated that portion of the railroad in reference to which the order is made, the sum of one hundred dollars for every such failure, to be recovered in an action to be brought within sixty days after the right of action shall accrue. 1884. § 3901. Recovery of forfeitures to state. All for- Rev. 1888, §3497. feitures, not otherwise provided for, accruing to the state from any railroad company by reason of its neglect or refusal to comply with the orders of the commissioners, shall be recovered by the state treasurer in an action upon the respective statutes providing for such forfeitures. General Penalty. § 3902. Penalty. Every person who shall violate any Rev. 1888, §9607. provision of this title, for which no other penalty is prescribed or provision made, shall be fined not more than five hundred dollars. § 4034. Deeds of railroad companies. Whenever any railroad company shall make and properly execute a deed in fee simple of any lands, which said company has derived by purchase, said deed shall effectually convey the title to said lands to the absolute use of the grantee. § 4047. No right to railroad or canal land by adverse possession. If the owner or occupant of any land adjoining any railroad or canal has, since the tenth of June, 1831, taken, or shall take, into his enclosure any part of the land belonging to said railroad or canal, as located and established, or since that time has erected, or shall erect, any building upon any such land, no adverse possession of the land so enclosed or built upon shall confer any title thereto. 1875. Rev. 1888, §2959. 1846. Rev. 1888, $2971. 1905, ch. 1. Railroad and railway companies. § 1. No length of possession, user, or occupancy of land belonging to a railroad or street railway corporation and used for its corporate purposes shall hereafter create or continue any right in or to such land. § 2. No length of possession, user, or occupancy by a railroad or street railway corporation of land belonging to another shall hereafter create or continue any right in or to such land. § 4068. Use of barbed wire regulated. No barbed wire shall be used within five feet of the ground along any sidewalk or public highway, without the written consent of a majority of the selectmen of the town, the members of the common council of the city, or the warden and burgesses of the borough, in which such sidewalk or highway is situated. § 4069. Barbed wire between adjoining premises. No person or corporation shall use barbed wire in the construction of fences, or have barbed wire upon existing fences, between their own premises and those of an adjoining proprietor, within twenty-five rods of any house or barn belonging to such proprietor, without first obtaining his written consent. Every person or corporation violating any provision of this section shall be fined not more than one hundred dollars. § 4070. Use of barbed wire prohibited. No barbed wire shall be used in the construction of fences, or retained upon existing fences, connected with or enclosing the grounds of any public school or public building. Every person who shall violate any provision of this section shall be fined not more than one hundred dollars. TITLE THIRTY-ONE. CHAPTER 232. § 4117. Unclaimed damages for land taken to be paid to state treasurer. When land shall be taken for railroad purposes, or for any other use public in its character, and the amount found due by the court as damages for taking said land shall be deposited with a county treasurer for the use of the owner of the land so taken, and such deposit shall not be claimed |