or selectmen may

in which rails

SECT. 548. No horse railroad company which shall be incorpo- 1865. rated subsequent to the twentieth day of July, 1865, shall lay down Common council its rails upon any street, road, or highway, except in such manner, prescribe manner and under such restrictions as may be imposed by the common coun- shall be laid. cil of the city, or the selectmen of the town, in which such rails are laid; but if any such company shall be aggrieved by the action of the common council, or selectmen, as aforesaid, it may appeal therefrom to the superior court in the county in which such city or town is situated.

SECT. 549. The court of common council of any city, and the selectmen of any town, in which any horse railroad, or any part or branch of any horse railroad, shall have been, or may be constructed, may prescribe and decide upon the form or pattern of iron rail to be used in the construction thereof, and the plan and form of the curves in the tracks of such railroad, or branch road for turning street corners; but the provisions of this section, in regard to the form of rail, shall not apply to any horse railroad company, whose charter prescribes the form of rail to be used by said company, unless the court of common council of the city, or the selectmen of the town, wherein said last mentioned company is located, shall hereafter give permission to change the form of rail prescribed in said charter.

1863.

May prescribe form of rail, &c.

railroad

re

quired to keep

SECT. 550. Every horse railroad company, which shall have con- Horse structed, or shall hereafter construct, any horse railroad in the street companies or streets of any city or town in this state, shall be, and is hereby, the track in rerequired to grade and keep in repair, the railroad track, and railroad pair, &c. way, and the surface of such street or streets, adjoining the rails of such railroad, for a space not less than two feet in width on each side of each rail, and properly to construct all cross-walks, in such manner, that carriages, wagons, and all other vehicles, can safely Actions not to be and conveniently cross or turn off from such track; and in case of against city or injury to any person, animal, or vehicle, arising from any defect in town, for defect the grading or repair of such railroad, railroad track, railroad way, ed by railroad or the surface of any street, adjoining the rail of such railroad, for a space, not less than two feet in width, on each side of each rail, no action shall be maintained against such city, or town, for such injury.

maintained

in road occasion

track.

on

of company to

SECT. 551. If any horse railroad company shall neglect or refuse Proceedings to keep in good and proper repair its track, or any part thereof, or neglect or refusal the crossings, or the surface of any street, wherein, and for two feet keep track in readjoining each side of said track, the court of common council of pair. any city, or the selectmen of any town, in which said horse railroad is located, may order such company to put such track, roadway, grading, or cross-walks, in good and sufficient repair, designating in the order the locality where said track, roadway, grading, or crosswalk, is to be repaired; and said company shall put such track, roadway, grading, or cross-walk, in good and sufficient repair, as soon as practicable; and if such company shall neglect or refuse, for the term of thirty days, to comply with such order of the said common council, or selectmen, then said court of common council, or selectmen, may cause such order to be carried into effect, by an agent, or agents, appointed by said council, or selectmen, and the expense caused thereby may be collected from such railroad company, by any proper action, in the name and behalf of such city,

or town.

SECT. 552. No horse railroad company, having a track within

removed from

1861. any highway, of any town, shall remove, or allow to be removed, Snow not to be from its said track, either by snow-plow, or otherwise, the snow track of railroad which shall fall upon said track, if such fall of snow is of sufficient in town highway. depth to allow vehicles to pass over the road on runners, without consent in writing, first obtained of the first selectman of the town, or of the mayor of the city, where the city authorities have the control of the highways in which such track is located.

Horse railroad

not sprinkle salt,

rails.

SECT. 553. No such company shall sprinkle salt, or any article company may of a decomposing nature. on its tracks or rails, or wash said tracks &c., on track or or rails with any brine, or pickle, or cause, or allow, the same to be done by any person, for the purpose of melting the snow upon said tracks or rails, unless a permit, in writing, is granted for the purpose, by the first selectman of the town, or by the mayor of the city, where the city authorities have the control of the highways in which such track is located.

Penalty.

Penalty for ob

of horse railroad.

SECT. 554. Every president, or director, or other officer of any such company, who shall knowingly permit the snow to be removed from the track of such company, or the track or rails to be sprinkled or washed with salt, or other article of a decomposing nature, in violation of the provisions of the two next preceding sections of this act, shall be punished by a fine not exceeding five hundred dollars.

SECT. 555. Every person, who shall willfully and maliciously hinstructing track der or obstruct any horse railroad company, in the use of its roads, or tracks, or the passing of the cars or carriages of such company thereon, and all who shall be aiding and abetting therein, shall, for every such offense, be punished by a fine not exceeding fifty dollars, or by imprisonment in a common jail, not exceeding three months, or by such fine and imprisonment both.

Penalty for using

SECT. 556. Every person who shall, without the consent of the vehicles fitted to railroad company, use upon any horse railroad, any omnibus or other railroad, without vehicle, with running gear fitted for the track of such railroad, for consent of the the purpose of conveying passengers for hire, upon the track of such

track of horse

company.

horse railroad, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in a common jail not exceeding three months, or by such fine and imprisonment both; but nothing contained in this section shall be so construed, as to prevent the use, on that part of the highway where such horse railroad track is laid down, of such vehicles as are ordinarily used on other highways. SECT. 557. The directors of every horse railroad company shall Directors shall annually make a report, under oath, to the general assembly, at each make annual re- session thereof, which report shall state the amount of the capital stock of such company, and its annual receipts and expenditures; and its books shall, at all times, be open to the inspection of any committee of the general assembly, appointed for that purpose.

1865.

port to the general assembly.

1848.

TELEGRAPH COMPANIES.

SECT: 558. Any number of persons may associate for the purpose Telegraph com- of constructing a line of wires of telegraph through this state, or, from, and to, any point within this state, upon the terms and conditions, and subject to the liabilities, hereinafter prescribed.

panies, how form

ed.

Same subject.

SECT. 559. Such persons, under their hands and seal, shall make a certificate which shall specify the name assumed to distinguish

such association, and to be used in its dealings, and by which it may sue and be sued; the general route of the line of telegraph, designating the points to be connected; the capital stock of such association, and the number of shares into which the stock shall be divided; the names and places of residence of the shareholders, and the number of shares held by each of them respectively; and the period at which such association shall commence and terminate, which certificate shall be recorded in the office of the clerk of the town where the office of such association shall be established, and a copy thereof filed in the office of the secretary of this state.

formed shall be

SECT. 560. Upon complying with the provisions of the last pre- Companies thus ceding section, such association shall be a body corporate, by the name bodies corporate. designated in said certificate; and a copy of said certificate, duly certified by the clerk of the town where the same is filed and recorded, or by the secretary of this state, may be used as evidence, in all courts and places, for and against any such association.

SECT. 561. Such association shall have power to purchase, receive, Powers. hold, and convey, such real estate, and such only, as may be necessary for the convenient transaction of the business, and for effectually carrying on the operations of such association, and may appoint such directors, officers, and agents, and make such prudential rules, regulations, and by-laws, as may may be necessary in the transaction of its business, not inconsistent with the laws of this state, or of the United States.

graph.

SECT. 562. Such association may construct lines of telegraph along, May construct and upon, any of the public roads and highways, or across any of the lines of telewaters, within the limits of this state, by the erection of the necessary fixtures, including posts, piers, or abutments, for sustaining the cords or wires of such lines; but the same shall not be so constructed as to incommode the public use of said roads or highways, or injuriously interrupt the navigation of said waters; and nothing contained any section of this act, relating to telegraph companies, shall be so construed as to authorize the construction of any bridge across any of the waters of this state; and said lines shall be deemed to be personal property.

in

panies, how au

highways.

SECT. 563. No telegraph company, or association, may place any 1849. 1860. piers, posts, or abutments in or upon any highway, without the con- Telegraph comsent of the proprietors of the land adjoining such highway, or, in thorized to erect case such consent cannot be obtained, without the approbation of one po &te, in of the county commissioners in the county where such land is situated, which approbation shall be in writing, and shall be given only after a hearing, upon due notice to such proprietors; and any county commissioner, within the county in which he belongs, shall have power to make all proper orders regarding the location of any such posts, piers, and abutments, and the manner in which the same shall be constructed, so as least to incommode the public travel and individuals; and may, for sufficient cause, at any time, change the location of any such posts, piers, or abutments, whether the same have already been set up or erected, or shall be hereafter set up or erected, first giving reasonable notice to such company to appear and be heard relative to such change.

commissioners.

SECT. 564. For all services rendered under this act, such commis- Fees of county sioner shall be entitled to receive and recover, from such company or association, the fees now by law allowed him for services rendered, except when he shall act upon an application against such company or association, and shall not order any change, in which

1860.

panies authorized

telegraph, on

highways.

case he shall be entitled to receive and recover such fees from the applicants.

SECT. 565. All owners of lines of telegraph, which have been Telegraph com- already constructed wholly, or in part, along and upon highways in to maintain es- this state, may keep and maintain the same in their present positablished lines of tions on said highways, and may repair, renew and reconstruct the same, from time to time, within the limits of the same highways, in any way which may conduce to the safety and efficiency thereof, and without changing substantially the present courses of such lines. If any poles, constituting part of any such line, shall be, at any time, an annoyance to the public in the use of any such highway, or to Poles may be re- any individual in the use of his property, such poles may be removed moved by order by order of the superior court in the county in which such poles shall be, upon complaint by the attorney for the state within and for said county, or upon complaint by the party aggrieved, after such reasonable notice, as said court shall order to the owner or owners of such line, and after due hearing upon said complaint; and said court

of superior court, on complaint.

out consent of owner.

may make all proper and necessary orders in relation to the removal Trees not to be of said poles, and for enforcing the removal thereof. Nothing in this mutilated, with- section contained shall authorize the cutting, mutilating, or injuring any fruit, shade, or ornamental tree, without the consent of the owner of such tree, or prevent the owner or owners of land, along which said line or lines may be constructed, from constructing, and repairing buildings and fences, and grading and improving their grounds.

Cities and boroughs

SECT. 566. The wardens and burgesses of any borough, and the ou may direct mayor and common council of any city, may, upon giving reasonable notice to said company, compel it to furnish such poles of the style and finish as the said borough and city authorities may determine, within their limits.

finish of poles.

Damages by con

graph lines to be

rior court, and

lines.

SECT. 567. The superior court in the county, where the cause of struction of tele-action shall arise, may, at any time, upon the application of the assessed, on ap- Owner or owners of such line, or of any party aggrieved, and after plication to supe- due notice to the adverse party or parties of such intended applicapaid by owners of tion, appoint three disinterested appraisers, who shall thereupon make an equitable appraisal, in writing, of all damages which may be due to any person, by reason of anything which may have been done under authority of the two preceding sections of this act; and said written appraisal, when approved by the court, shall be recorded by the clerk, and thereupon the sum specified therein shall be paid immediately, by the owner or owners of such line, to the party or parties entitled to the same; or, if the court shall see cause so to order, shall be paid immediately into the hands of the clerk, to be Fees of apprais- delivered by him, on demand, to said party or parties. The fees of each of the appraisers, under this act, shall be two dollars per day, for his time spent in making said appraisal, together with his cash expenses; which fees, together with the fees for the court and clerk, shall be paid by the owner or owners of said line. Any judge of the Order of notice. superior court may make such order as he may deem reasonable, relative to the notice which shall be given to the adverse party of such an intended application.

ers.

Compensation to

writing.

SECT. 568. If any person shall be at any time, nominally or otherbe demanded in wise, entitled to such compensation, and shall not see fit to waive, as merely nominal, his right thereto, he shall demand such compensation, by leaving, at some telegraph office connected with said line, a written notice, demanding the same; and whenever such demand

shall have been made by any person entitled to such compensation, then if the parties cannot agree, the owner or owners of such line shall make application, without unreasonable delay, for an appraisal, in the manner provided by the preceding section of this act.

SECT. 569. New lines of telegraph may be constructed upon high- New lines may ways in this state; but the several provisions of this act shall apply be constructed. to such new lines whenever the same shall be constructed.

SECT. 570. Any association of persons organized for telegraphic 1848. purposes, as aforesaid, may, by their articles of association, provide Increase of capiany increase of their capital, and of the number of the members tal, &c. constituting the association.

for

the company.

SECT. 571. The stockholders of every telegraphic association, or- stockholders liaganized as aforesaid, shall be jointly and severally liable for the pay-ble for debts of ment of all debts and demands against such association which shall be contracted, or which shall be due, or shall become due, during the time of their holding such stock; but such liability of any stockholder shall not exceed twenty-five per cent. of the amount of stock held by him, and no stockholder shall be proceeded against for the collection of any debt or demand against such association, until judgment thereon shall have been obtained against the association, and an execution on such judgment shall have been returned, unsatisfied, in whole or in part, or unless such association shall be dissolved.

ceive and trans

SECT. 572. The association, or the individual person or persons, Obligation to reowning any telegraph line doing business within this state, shall re- mit dispatches. ceive dispatches from and for other telegraph lines and associations, and from and for any individual; and, on payment of their usual charges to individuals for transmitting dispatches, as established by the rules and regulations of such telegraph line, shall transmit the same with impartiality and good faith, under the penalty of one hundred dollars for every neglect or refusal so to do, to be recovered with the costs of suit, in the name and for the benefit of the person or persons, sending or desiring to send such dispatches.

Order of trans

SECT. 573. Every such owner shall transmit all dispatches, in the order of time in which they are received, under the penalty of one mission. hundred dollars, to be recovered, with costs of suit, by the person or persons whose dispatch is postponed out of its order; but arrangements may be made with the proprietors or publishers of newspapers, for the transmission, for the purpose of publication, of intelligence of general and public interest, out of its general order; and communications for officers of justice shall take precedence of all others.

visions to com

this state.

SECT. 574. The preceding provisions relating to associations, or 1853. persons organized for telegraphic purposes, and owning, or who may Extending proown, lines of telegraph in this state, are extended to all associations panies whose and persons who have extended, or shall extend, any such lines from lines extend into beyond the limits of this state, to any point or place within this state, including all penalties for willful injuries to said lines; and the said provisions are applicable to all lines of telegraph within this state, whether organized under the laws of this state, or of any other state, and extending into this state.

SECT. 575. All said provisions are subject to be amended or repealed

1860.

by the general assembly, and all rights herein granted and conferred Subject to repeal. by this act on foreign corporations, or persons residing without this state, shall, upon such repeal, be vested in the original owners of the land, on which the telegraph poles are located.