and taken by the owner thereof for the term of three years from the time such deposit is made, it shall be the duty of the county treasurer to pay such deposit to the treasurer of the state, to be by him kept for the persons owning the same, their heirs and assigns; and such payment shall be a discharge to said county treasurer of any liability for such deposit.

TITLE THIRTY-TWO. CHAPTER 233.

§ 4140. Lien on railroad for services or materials in construction. If any person shall have a claim for materials furnished or services rendered for the construction of any railroad, or any of its appurtenances, under any contract with or approved by the corporation owning or managing it, such railroad shall, with its real estate, right of way, material, equipment, rolling stock, and franchises, be subject to the payment of such claim; and said claim shall be a lien on said railroad, railroad property, and franchises, and such lien shall be asserted, perfected, and foreclosed in all respects in accordance with the provisions of §§ 4136, 4137, 4138, and 4139, except that the certificates of the lien and of its discharge shall be filed in the office of the secretary of state, who shall record them in a book kept for that purpose.

1871. Rev. 1888, §3022.

1878.

§ 4800. Board of civil engineers. The member of the Rev. 1888, $8606. board of railroad commissioners who is a civil engineer, and one civil engineer residing in each congressional district in this state, to be appointed by him, shall constitute a board of civil engineers, and have the supervision of all dams and reservoirs now existing or hereafter constructed in any locality where, by the breaking away of the same, life or property may be in danger.

§ 4801. Term of office; fees. The members of said board shall be sworn to faithfully and impartially perform the duties imposed upon them by this chapter, and shall continue in office for the term of two years and until others are appointed in their stead. They shall each receive ten dollars per day and all necessary and reasonable expenses while actually employed.

§ 4802. Inspection of dams; notice; expenses. The mayor and aldermen of any city, the warden and burgesses of

1878.

Rev. 1888, $3697.

1878.

Rev. 1888, §3698.

1878. Rev. 1888, 3699.

1878.

Rev. 1888, §3700.

any borough, or a majority of the selectmen of any town, upon the application of two or more persons or corporations who would suffer loss or damage by the breaking away of any dam or reservoir within said city, borough, or town, shall forthwith inspect the same, and if in their opinion said dam or reservoir is not sufficiently strong and substantial to withstand the action of water under any circumstances which may reasonably be expected to occur, they shall at once notify one or more of the board of civil engineers to inspect the said dam or reservoir with them, and if in the judgment of said engineer said dam or reservoir is unsafe, such municipal authorities shall serve notice on the person owning or having the care and control of the same to place said dam or reservoir in a safe or permanent condition, under the supervision of one of said board of civil engineers; when such repairs are completed and accepted by said civil engineer he shall issue a certificate to said persons owning or controlling the same, and also cause to be recorded upon the records of the town in which said dam is located his doings with a copy of the certificate so issued; but if said engineer shall find said dam or reservoir to be secure and safe, then the expense of such inspection shall be paid by the town in which said dam or reservoir is located.

§ 4803. Approval of new dams. Before any person or corporation shall construct a dam or reservoir in a locality where life or property may be endangered through the insufficiency thereof, the plans and specifications for such dam or reservoir shall be submitted to a member of said board of civil engineers, who shall examine the ground where the dam or reservoir is to be built and the plans and specifications therefor; if he approve the same, he shall issue a certificate authorizing the construction of such dam or reservoir. No such dam or reservoir shall be constructed without such approval and certificate.

§ 4804. Inspection of work; certificate of approval. The engineer, under whose authority a dam or reservoir is being constructed, shall inspect the work or cause the same to be inspected at least three times before completion; and if he shall be satisfied that such dam or reservoir has been built in a substantial and safe manner, in accordance with the plans and specifications approved by him, and is strong and secure, he shall issue a certificate approving the same, which certificate shall be recorded in the office of the town clerk of the town in which such

dam or reservoir is located.

No such dam or reservoir shall be used until such certificate is obtained and recorded.

§ 4805. Compensation. The compensation and expenses of the board of engineers, or any of them, when acting under the provisions of §§ 4802, 4803, or 4804, shall be paid by the person owning or constructing the dam or reservoir.

1878.

Rev. 1888, §3701.

1878.

Rev. 1888, $3702.

§ 4806. Penalty. Every person who shall build any dam or reservoir except in compliance with the provisions of this 1892, oh. 213. chapter, or shall use a dam or reservoir when constructed before he shall have obtained a certificate as provided in § 4804, shall forfeit five hundred dollars for the use of the state. Any person constructing a dam or reservoir, or using any such dam or reservoir when constructed without complying with the provisions of §§ 4803 and 4804, may be enjoined from constructing or using any such dam or reservoir.

§ 4807. State's attorney to sue for penalty. The Rev. 1988 $3702. state's attorney of the county in which such dam or reservoir 1893, ch. 213. may be located, upon the complaint of any engineer designated under the provisions of this chapter shall institute an action to recover such forfeiture and to enjoin the construction and use of such dam or reservoir. The superior court may render all judgments necessary to carry into effect the provisions of this chapter.

Provisions of chapter 283 not applicable to certain ice ponds and fish ponds. The provisions of chapter 283 of the general statutes, concerning the construction of dams, shall not apply to any farmer or to any hunting or fishing club or organization of like nature, constructing a dam, pond, or reservoir, on his or its own land for the purpose of cutting ice or breeding fish; provided, that such pond or reservoir shall not exceed one acre in area.

1907, ch. 80.

Hours of labor of telegraph operators and train dis- 1907, ch. 212. patchers limited. § 1. It shall be unlawful for any person, persons, corporation or receiver operating a line of railroad wholly or partly within this state, or any officer, agent, or representative of such corporation or receiver, to require or permit any telegraph or telephone operator, who spaces trains by the use of the telegraph or telephone, under what is known and termed the "block system," defined as follows: reporting trains

R. R.H

1893, ch. 119, §1.

to another office or officers, or to a train dispatcher operating one or more trains under signals, and telegraph or telephone levermen who manipulate interlocking machines in railroad yards or on main tracks out in the lines connecting side-tracks or switches, or train dispatchers in its service whose duties substantially, as hereinbefore set forth, pertain to the movement of cars, engines, or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains or receiving or transmitting train orders, as interpreted in this section, to be on duty for more than eight hours in a day of twenty-four hours, and it is hereby declared that eight hours shall constitute a day of employment for all laborers or employees engaged in the kind of labor aforesaid; provided, that at stations that are kept open only during the daytime, where only one telegraph or telephone operator is employed, such operator may work twelve hours in a day of twenty-four hours, and that the hours of service of telegraph or telephone operators, as interpreted in this section, shall be consecutive, including one meal hour; and provided, further, that in case of sickness, death, wrecks, or washouts, telegraph or telephone operators may be held on duty not to exceed sixteen hours in a day of twenty-four hours.

Penalty. § 2. Any person or persons, company, or corporation who shall violate any of the provisions of the preceding section shall, on conviction, be fined not more than one thousand dollars.

§ 3. This act shall take effect January 1, 1908.

§ 4866. Conditional sale of railway equipment to be recorded. In any contract for the sale of railroad or street railway equipment, or rolling stock, it shall be lawful to agree that the title to the property sold, or contracted to be sold, although possession thereof may be delivered immediately or at any time or times subsequently, shall not vest in the vendee until the purchase price shall be fully paid, or that the vendor shall have and retain a lien thereon for the unpaid purchase money. In any contract for the leasing or hiring of such property, it shall be lawful to stipulate for a conditional sale thereof, at the termination of such contract, and that the rentals or amounts to § 4866. Cited 63 C. 439.

be received under such contract may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full, and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by such lessee or bailee; provided that no such contract shall be valid as against any subsequent attaching creditor, or any subsequent bona fide purchaser for value and without notice, unless the same be evidenced by an instrument executed and duly acknowledged by the parties thereto before some person authorized by law to take acknowledgment of deeds, and in the same manner as deeds are acknowledged, and duly recorded in the office of the secretary of state, nor unless each locomotive engine, or car, so sold, leased, or hired, or contracted to be sold, leased, or hired, as aforesaid, shall have the name of the vendor, lessor, or bailor, plainly marked on each side thereof, followed by the word "owner," or "lessor," or "bailor," as the case may be.

An Act Concerning Corporations.

PART I.

GENERAL PROVISIONS.

§ 1. Application. The provisions of this part shall 1903, ch. 194. apply to all corporations heretofore and hereafter organized under any general or special law of this state, except when otherwise expressly stated, but shall not be held or construed to alter or affect any provision of any special charter inconsistent herewith, except as provided in section 37 of this act.

§ 2. Name and location. The name of every corporation hereafter formed shall be such as to distinguish it from any other corporation organized under the laws of this state and from any other corporation engaged in the same business or promoting or carrying out the same purposes in this state, and every such name shall begin with "The" and end with "Company" or "Corporation," or have the word "Incorporated" immediately after or under the name. Every corporation shall be located in some town in this state.

66

§ 3. General powers. Every corporation shall have power, subject to such provisions and limitations as may be contained in its charter, certificate of incorporation, articles