court to whom such petition is presented, if there be no attorney appearing in their behalf, shall appoint some competent and disinterested attorney or officer of the court to appear in such proceedings and represent the rights, interests and estate of the person, persons, or class of persons aforesaid in any such land, and to protect the same, on the appraisal and proceedings aforesaid; and it shall be the duty of the court, on or after the confirmation of the report of appraisal, to ascertain by such report, or by a reference for that purpose, or otherwise, in its discretion, the rights, interest and estate of such person, persons or class of persons, in the land so appraised, and in the compensation awarded therefor, and to make an order determining the amount or share of such compensation to which such person, persons or class of persons are, or may become entitled on account of such estate, as the same shall arise or become vested in them respectively, and to direct, and to provide for the payment, investment or securing thereof, for the benefit of the person, persons or class of persons aforesaid, who are, or may in the contingency upon which such estate arises, become entitled thereto; upon the company paying or securing such amount or share, in the manner directed by such order of the court, it shall be deemed to have acquired, and shall be vested with the estate which such person, persons or class of persons have, or may be entitled to in said land, and they shall be barred of and from all right or claim in and to such land. Any railroad corporation in this state may acquire the title in fee, by the special proceedings, herein before mentioned, to any land which it may require for roadway and for necessary buildings, depots and freight grounds.

§ 3. Every railroad company which shall have had unclaimed freight or baggage not perishable, in its possession for the period of at least one year, may proceed and sell the same at public auction, after giving notice to that effect in the state paper once a week for not less than four weeks, and for a like period in a newspaper other than the state paper, published at the place designated for the sale, and also in one published in the city of New-York, (said notice shall contain as near as practicable a description of such freight or baggage, the place and time when left, together with the name of the owner of the freight, or person to whom consigned, if the same be known.) All moneys arising from the sale of freight or baggage as aforesaid, after deducting therefrom charges and expenses for transportation, storage, advertising, commissions for selling the property, and the amount previously paid for the loss or non-delivery of freight or baggage, shall be deposited by the company making such sale, accompanied with a report thereof, and proofs of advertisement, with the

comptroller, for the benefit of the general fund of the state, and shall be held by him in trust for reclamation by the persons entitled, or who may become entitled to receive the same. No sale as herein provided shall be valid unless a copy of the notice above specified, shall be served upon the comptroller for at least two weeks prior to the time designated for such sale.

§ 4. In case such unclaimed freight or baggage shall, in its nature be perishable, then the same may be sold as soon as it can be, at the best terms that can be obtained.

§ 5. This act shall take effect immediately.

Chap. 125.

AN ACT in relation to sleeping cars.

Passed April 7, 1858.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any patentee of a sleeping car, or his legal representative, may place his car upon any railroad of this state, with the assent of the company owning such road. Such patentee, or his legal representative, may charge for the use of said car, in all cases, to each passenger occupying the same, forty cents, which sum shall entitle such passenger to the use of a berth for one hundred miles; and the said patentee, or his legal representative, may charge at and after the rate of three mills for every additional mile, but in no case shall the charge exceed eighty cents.

§ 2. The railroad companies permitting the use of such cars shall, nevertheless, keep sufficient first class cars of other kinds for the convenient use and occupation of all passengers not wishing to use a sleeping car. And the tickets issued for the use of the sleeping cars shall have plainly written or printed thereon, "sleeping car," and all persons using a sleeping car shall be furnished with such tickets.

§ 3. No railroad corporation shall be interested in the additional sum paid for the use of berths in sleeping cars, pursuant to the provision of this act.

§ 4. Nothing in this act contained shall be so construed as to exonerate any railroad company from the payment of damages for injuries, in the same way and to the same extent they would be

required to do by law if such cars were owned and provided by the company.

§ 5. The legislature may alter, amend or repeal this act.

§ 6. This act shall take effect immediately.

Chap. 449.

AN ACT to amend an act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty.

Passed April 22, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section twenty-seven of the act entitled "An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, is hereby amended so as to read as follows:

§ 27. No company formed under this act shall lay down or use in the construction of their road any iron rail of less weight than fiftysix pounds to the lineal yard, except for turnouts, sidings and switches and roads upon which steam power cannot by law be used; and on the last mentioned roads such weight shall not be less than forty pounds to the lineal yard.

§ 2. This act shall take effect immediately.

Chap. 346.

AN ACT empowering railroad companies to employ police

force.

Passed April 29, 1863.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any railroad corporation on which road steam is used as the motive power, may apply to the governor to commission such persons as the said corporation may designate, to act as policemen for said corporation.

§ 2. The governor, upon such application, may appoint such persons or so many of them as he may deem proper to be such policemen, and shall issue to such person or persons so appointed a commission to act as such policemen.

§ 3. Every policeman so appointed shall, before entering upon the duties of his office, take and subscribe the oath prescribed in the twelfth article of the constitution; such oath with a copy of the commission, shall be filed with the secretary of state, and a certificate thereof by said secretary be filed with the clerk of each county through or into which the railroad for which such policeman is appointed may run, and in which it is intended he shall act; and such policemen shall severally possess all the powers of policemen in the several towns, cities and villages in which they shall so be authorized to act as aforesaid.

§ 4. Such railroad police shall, when on duty, severally wear a metallic shield with the words "Railway Police," and the name of the corporation for which appointed, inscribed thereon; and said shield shall always be worn in plain view except when employed as detectives.

§ 5. The compensation of such police shall be paid by the companies for which the policemen are respectively appointed, as may be agreed on between them.

§ 6. Whenever any company shall no longer require the services of any policeman so appointed as aforesaid, they may file a notice to that effect in the several offices in which notice of such appointment was originally filed, and thereupon the power of such officer shall cease and be determined.

Chap. 582..

AN ACT to amend an act entitled "An act to authorize the formation of Railroad Corporations, aud to regulate the same," passed April 2d 1850.

Passed May 5th, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Subdivisions five of section twenty-eight of the act entitled "An act to authorize the formation of Railroad Corporations,

and to regulate the same," passed April second, eighteen hundred and fifty, 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.

§ 3. Every railroad company whose line of road shall exceed forty continuous miles in length, shall, for the better comfort of passengers, provide in such passenger car a suitable receptacle for water, with a cup or drinking utensil attached upon or near such receptacle, and shall keep the said receptacle, while said car is in use, constantly supplied with cool water; and any company failing to obey the provisions of this sction, shall, for each offense of omission as aforesaid, forfeit as a penalty the sum of twenty-five dollars; one-half of said penalty to be paid to the informer, and the remaining one-half to the overseer of the poor of the county in which judgment shall have been recovered. And any railroad company whose main route of road does not exceed