shall be ascertained and determined by commissioners, to be appointed by the court as is provided in this act in respect to acquiring title to real estate.

7. To take and convey persons and property on their railroad by the power or force of steam or of animals, or by any mechanical power, and to receive compensation therefor.

8. To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and use of their passengers, freights and business.

9. To regulate the time and manner in which passengers and property shall be transported, and the compensation to be paid therefor; but such compensation, for any passenger and his ordinary baggage, shall not exceed three cents per mile.

10. From time to time to borrow such sums of money as may be necessary for completing and finishing or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the company for the purposes aforesaid; and the directors of the company may confer on any holder of any bond issued for money borrowed as aforesaid, the right to convert the principal due or owing thereon, into stock of said company, at any time not exceeding ten years from the date of the bond, under such regulations as the directors may see fit to adopt.

§ 29. Whenever the railroad of any company formed under this act shall run parallel or nearly parallel to any canal of this state, and within thirty miles of such canal, the company owning such railroad shall pay to the canal fund, on all property transported upon its railroad other than the ordinary baggage of passengers, the same tolls upon that portion of the road running parallel to the canal, that would have been payable to the state if such property other than baggage had been transported on any such canal; and every such company shall make returns, at such times and in such manner as the commissioners of the canal fund shall prescribe, of all the property transported on its railroad, except ordinary baggage of passengers; and the said commissioners are authorized and required to prescribe the manner in which such tolls so payable to the canal fund by such company, shall be collected and paid, and to enforce the collection and payment thereof, and to make such regulations as they shall deem proper for that purpose; and every such company that shall neglect or refuse to comply with any such regulations, shall forfeit to the people of this state the sum of five hundred dollars for every day it shall so neglect or refuse; and in every case of such forfeiture, it shall be the duty of the attorney

general to prosecute such company for the penalty in the name of the people.

§ 30. Every conductor, baggage master, engineer, brakeman, or other servant of any railroad corporation employed in a passenger train, or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office, and the initial letters of the style of the corporation by which he is employed. No conductor or collector without such badge, shall be entitled to demand or receive from any passenger any fare or ticket, or to exercise any of the powers of his office; and no officer or servant without such badge, shall have authority to meddle or interfere with any passenger, his baggage or property.

§ 31. Every railroad corporation formed under this act, shall make an annual report to the state engineer and surveyor of the operations of the year ending on the thirtieth day of September; which report shall be verified by the oaths of the treasurer, or president, and acting superintendent of operations, and be filed in the office of the state engi neer and surveyor by the first day of December in each year, and shall state:

1. The amount of capital as by charter;

2. The amount of stock subscribed;

3. The amount paid in as by last report;

4. The total amount now of capital stock paid in ;

5. The funded debt by last report;

6. The total amount now of funded debt;

7. The floating debt as by last report;

8. The amount now of floating debt;

9. The total amount now of funded and floating debt;
10. The average rate per annum of interest on funded debt.

Cost of road and equipment.

11. For graduation and masonry by last report; 12. The total amount now expended for the same. 13. The amount for bridges by last report;

14. The total amount now expended for the same.

15. The amount for superstructure, including iron, by last report;

16. Total amount now expended for the same.

17. For passenger and freight stations, building and fixtures, by last report;

18. Total amount now expended for the same.

19. For engine and car houses, machine shops, and machinery and fixtures, by last report;

20. Total amount now expended for the same.

21. For land, land damages and fences, by last report;

22. Total amount now expended for the same.

23. For locomotives and fixtures and snow plows, by last report;

24. Total amount now expended for the same.

25. For passenger and baggage cars, by last report;

26. Total amount now expended for the same.

27. For freight cars, as by last report;

28. Total amount now expended for the same.
29. For engineering and agencies, by last report;
30. Total amount now expended for the same.
31. Total cost of road and equipment

32. Length of road;

Characteristics of road.

33. Length of road laid;

34. Length of double track, including sidings;

35. Length of branches owned by the company laid;

36. Length of double track on the same.

37. Weight of rail by yard on main track.

38. The number of engine houses and shops; of engines and cars, and their character.

39. It shall also be the duty of each corporation to transmit to the state engineer and surveyor the following maps, profiles, and drawings exhibiting the characteristics of their roads; the map to show the length and direction of each straight line, and the length and radius of each curve; also the point of crossing of each town and county line, and the length of line in each town and county accurately determined by measurements to be taken after the completion of the road. The profile to be on the map, and shall show the grade line and surface of ground in the usual method, also the elevation of grades above tides at each change in the inclination thereof. The maps and profile to be made on a scale of five hundred feet to one-tenth of a foot; vertical scale of profile to be one hundred feet to one-tenth of a foot. For all roads or parts of roads now done, or in operation, the said maps shall be returned on or before the first day of January next; and for all roads now in progress, or which may hereafter be constructed, the said maps and profile shall be returned within three months after the same or any portion thereof shall be in use.

Doings of the year in transportation, and total miles run.

40. Miles run by passenger trains;

41. Miles run by freight trains;

42. The rate of fare for passengers, charged for the respective classes per mile;

43. Number of passengers carried in cars;

44. Number of miles traveled by passengers;

45. Number of tons of two thousand pounds of freight carried in

cars;

46. Number of miles carried, or total movement of freight in miles : all to be accurately compiled from the daily records or evidences of earnings, manifest and way bills.

47. Average rate of speed adopted by ordinary passenger trains, including stops;

48. Average rate of speed adopted by ordinary passenger trains when in motion;

49. Average rate of speed adopted by express trains including stops; 50. Average rate of speed adopted by express trains when in motion;

51. Averate rate of speed adopted by freight trains, including stops; 52. Average rate of speed adopted by freight trains when in motion; 53. Average weight in tons of two thousand pounds of passenger trains, exclusive of passengers and baggage;

54. Average weight in tons of freight trains, exclusive of freight; 55. The amount of freight, specifying the quantity in tons, of the products of the forest, of animals, of vegetable food, other agricultural products, manufactures, merchandise and other articles.

Expenses of maintaining the road or real estate of the corporation.

56. For repairs of road-bed and railway, excepting cost of iron, which shall be the cost of labor and materials used during the year; also use and cost of engines engaged in ballasting; also the renewal and repairs of gravel and stone cars, and all items of cost connected with keeping the road in order.

57. For depreciation of way;

58. Length, in feet, of iron used in renewals, with weight and cost; 59. Repairs of buildings;

60. Repairs of fences and gates;

61. Taxes on real estate;

62. Total expenses of maintaining road or real estate for the year; 63. Expenses of machinery or personal property of the corporation; 64. Repairs of engines and tenders;

65. Depreciation of engines and tenders;

66. Repairs of passenger and baggage cars;

67. Depreciation of passenger and baggage cars; 68. Repairs of freight cars;

69. Depreciation of freight cars;

70. Repairs of tools and machinery in shops;

71. Incidental expenses, including fuel, oil, clerks, watchmen about shops;

72. Total expenses of repair of machinery;

73. Office expenses, stationery;

74. Agents and clerks;

75. Labor handling freight, loading and unloading;

76. Porters, watch and switchmen;

77. Wood and water station attendance;

78. Conductors, baggage and brakemen;

79. Enginemen and firemen ;

80. Fuel (first cost, and labor preparing for use);

81. Oil and waste for engines and tenders;

82. Oil and waste for freight cars;

83. Oil and waste for baggage and passenger cars;

84. Loss and damage of goods and baggage;

85. Damages for injuries of persons;

86. Damages to property, including damages by fire, cattle killed on road;

87. General superintendence;

88. Contingencies;

89. Total expenses of operating road;

90. The above statements are to be made without reference to the sums actually received or paid during the year. The following statement of the earnings and cash receipts and payments are required: 91. From passengers;

92. From freight;

93. From other sources;

94. The above to be stated without reference to the amount actually collected.

95. Receipts during the year from freight;

96. From passengers;

97. From other sources, specifying what in detail.

98. Payments from transportation expenses;

99. For interest;

100. Dividends on stock, amount and rate per cent;

101. Payment to surplus fund and total amount of said fund;