A/£Í;7/
Î. í /rv/
State of JS^eiü-Hampshire.
In the year of our Lord one thousand eight
hundred and forty-one.
AN ACT relating to Railroads, and repealing
certain acts and parts of acts relating
thereto.
1 Section 1. Be it enacted by the Senate
2 and House of Representatives in General
3 Court convened, That the first, third, and
4 fifth sections of the act approved on the
5 20th day of June, A. D. 1840, entitled "an
6 act relating to Railroad and other Corpor-
7 ations"—the act approved on the 23d day of
8 December, A. D. 1840, entitled "an act in
9 addition to and explanatory of an act relating
10 to Railroad and other Corporations, passed
2
1 June 20, 1840," and the act approved on the
2 23d day of December, A. D. 1840, entitled
3 "an act relating to Railroad corporations,"
4 and any clause or clauses in the charter of
5 any Railroad corporation, whereby the du-
6 ration of such charter is limited to any spe-
7 cified number of years, be and the same are
8 hereby repealed ; and the act approved on
9 the 13th day of January, A. D. 1837, enti-
10 tied "an act providing for the assessment of
11 damages for land taken for Railroad corpo-
12 rations," which act was repealed by said
13 first mentioned act be, and the same is here-
14 by revived : Provided, however, that all pro-
15 ceedings for the assessment and recovery
16 of damages, which may have been commen-
17 ced under and in pursuance of the provi-
18 sions of the acts hereby repealed, or any of
19 them, shall and may be prosecuted and com-
20 pleted, and the payment of the damages so
21 assessed, enforced in the same manner as if
22 said acts had not been repealed : and pro-
23 vided, further, that the act aforesaid, appro-
3
1 ved on the 13th day of January, A. D. 1837,
2 which act is hereby revived, be and the same
3 is hereby so far modified as that the provi-
4 sions thereof shall not be repugnant to, or
5 inconsistent with, the provisions of this act.
6 Sec. 2. Be it further enacted, That it
7 shall be lawful for any Railroad corporation
8 to establish in their Bye-laws such day for
9 their annual meeting as they shall think
10 most convenient, any thing in their charter
11 to the contrary notwithstanding, and any
12 Railroad corporation may purchase, hold,
13 and convey any real estate situated near to,
14 or adjoining their Railroad, to an amount
15 not exceeding five per cent, of their capital
16 stock.
17 Sec. 3. Be it further enacted, That it
18 shall be unlawful for any Railroad corpora-
19 tion which has not, prior to the passage of
20 this act, commenced the construction of
21 their Railroad, and expended the sum of
22 thousand dollars in the prose-
23 cution of said work, or for any agent, offi-
4
1 cer or servant of such corporation, or any
2 person under the authority of such corpora-
3 tion, their agents, officers or servants, to
4 enter upon, take or use the land of another,
5 without his consent, for any purposes con-
6 nected with the Railroad of such corpora-
7 tion, other than to survey and locate the
8 same, until the said corporation shall have
9 procured the appointment of a committee,
10 agreeably to the provisions of said act here-
11 by revived, to assess the damages which
12 may be occasioned^ to the owner of said
13 land by constructing said road thereon, and
14 until said corporation shall also, either have
15 claimed a trial by jury for the assessment
16 of said damages pursuant to the provisions
17 of said act, or shall have paid or tendered
18 to the owner of said land, if known, and a
19 citizen of this State, the damages which
20 said committee may assess, and if the owner
21 is not known or is not a citizen of this State,
22 until said corporation shall have filed with
23 the Clerk of the Court of Common Pleas
5
1 for the County in which said land is situ-
2 ate, security satisfactory to said Court for
3 the payment of said damages.
4 Sec. 4. Be it further enacted. That if
5 said corporation shall claim a trial by jury
6 as aforesaid, it shall be unlawful for said
7 corporation, their agents, officers or ser-
8 vants, or for any person under the authority
9 of said corporation, their agents, officers or
10 servants, without the consent of the owner,
11 to enter upon, take or use said land for any
12 purpose connected with said Railroad, other
13 than to survey and locate the same, until
14 said corporation shall have deposited with
15 the Clerk of the Court in which said trial
16 is to be had, the amount of the damages as-
17 sessed by said committee as security for the
18 payment of the damages and costs, which
19 maybe recovered by the owner of said land,
20 and shall also have filed with said Clerk
A\. such additional security therefor as said
22 Court may order.
23 Sect. 5. Be it further enacted, That
24 whenever the amount of dcimages assessed
25 by a committee for land taken by any Rail-
6
1 road corporation shall be tendered by said
2 corporation to the owner of said land, and
3 the money so tendered shall be received by
4 said owner, the taking of said money by
5 said owner shall not be held to be a bar to,
6 or waiver of his right to a trial by jury for
7 the assessment of said damages, provided
8 the said owner at the time of taking said
9 money deliver to the person acting as the
10 agent of said corporation in paying over
11 the money, a notice in writing, stating
12 therein, that it is the intention of said own-
13 er to claim said trial by jury, and the mon-
14 ey so received, or so much thereof as may
15 be necessary for that purpose, shall be ap-
16 plied by the Court in which such trial may
17 be had, to the satisfaction in whole or in part
18 of the judgment which said owner may fi-
19 nally recover for said damages ; and in case
20 any Railroad corporation, which has not ex-
21 pended prior to the passage of this act said
22 sum of thousand dollars towards
23 the construction of their road, shall tender
7
1 the amount of damages which may be as-
2 sessed by a committee for land taken for
3 their road, and the owner of said land shall
4 upon such tender receive said money and
5 give notice of his intention to claim a trial by
6 jury as aforesaid, in such case it shall be
7 unlawful for such corporation, their agents,
8 officers or servants, or for any person un-
9 der the authority of said corporation, or of
10 their agents, officers or servants, to enter
11 upon, take or use said land without the con-
12 sent of the owner, for any purpose con-
13 nected with said Railroad, other than to sur-
14 vey and locate the same, until such corpo-
15 ration shall have filed with the. Clerk of the
16 Court of Common Pleas for the county in
17 which said land is situate, such security
18 for the payment of the judgment that may
19 finally be recovered for said damages and
20 costs, as shall have been approved and cer-
21 tified to be sufficient by one of the justices
22 of said Court for said county.
23 Sec. 6. He it further enacted, That in
8
1 case the owner of land taken by any Rail-
2 road corporation for their road, shall not re-
3 ceive the amount of damages assessed
4 therefor by a committe whenever the same
5 is tendered to him by said corporation, and
6 the money thus tendered shall be deposited
7 by said corporation with the Clerk of the
8 Court of Common Pleas for the county in
9 which said land is situate, for the use of
10 said owner, and to be paid over to him on
11 demand ; such tender shall be and contin-
12 ue as valid and effectual for all purposes as
13 if said money remained in the hands of the
14 agent, treasurer or other officer of said cor-
15 poration, ready to be paid over to said own-
16 er on demand: and in case any Railroad
17 corporation which has not, prior to the pas-
18 sage of this act, expended said sum of
19 thousand dollars towards the con-
20 struction of their road, shall tender the a-
21 mount of damages assessed by a committee
22 for land taken for their road, and the owner
23 of said land shall not upon such tender re-
9
1 ceive the money so tendered to him, in such
2 case it shall be unlawful for said corporation,
3 their agents, officers or servants, or for any
4 person under the authority of said corpora-
5 tion, or of their agents, officers or servants,
6 without the consent of said owner, to enter
7 upon, take or use said land, for any purpose
8 connected with said Railroad, other than to
9 survey.and locate the same, until such cor-,
10 poration shall have deposited the money
11 thus tendered with the clerk of said court
12 for the county where said land is situate for
13 the use of said owner, and to be paid over
14 to him on demand ; and shall also have filed
15 with said clerk such other security for the
16 payment of the judgment which may be re-
17 covered for said damages and costs as may
18 have been approved and certified to be suf-
19 ficient, by one of the justices of said court
20 for said county.
21 Sec. 7. ße it further enacted. That it
22 shall be unlawful for any Railroad corpor-
2
10
1 ation which, prior to the passage of this act,
2 have commenced the construction of their
3 Railroad, or for any agent, officer or ser-
4 vant of such corporation, or for any person
5 under the authority of such corporation, their
6 agents, officers or servants, without the con-
7 sent of the owner, to enter upon, take or use
8 the land of another, for any purpose connec-
9 ted with said Railroad, other than to survey
10 and locate the same, except in cases of lands
11 upon which said corporation have commen-
12 ced the work of grading their road, or some
13 other work connected therewith, more than
14 surveying or locating the same, or have con-
15 tracted for such grading or other work, un-
16 til said corporation shall, in all the respec-
17 tive cases specified in the third, fourth, fifth
18 and sixth sections of this act, have complied
19 with all the provisions contained in said sec-
20 tions applicable to the said several cases,
21 and required to be done by the corporations
22 referred to in said sections.
11
1 Sec. 8. Be it further enacted, That in
2 all cases where any Railroad corporation
3 have, prior to the passage of this act, com-
4 m«ncedupon the land of another the grading
5 of their road, or some other work connec-
6 ted therewith, more than surveying or loca-
7 ting the same, or have contracted for such
8 grading or other work, it shall be unlawful for
9 said corporation, their agents, officers or
10 servants, or for any person under the au-
11 thority of said corporation, their agents, of-
12 ficers or servants, without the consent of
13 the owner, to enter upon, take or use said
14 land, for any purpose connected with said
15 Railroad, other than to survey or locate the
16 same, unless said corporation shall, at the
17 term of the Court of Common Pleas, next
18 to be held in the county where said land is
19 situate, procure the appointment of a com-
20 mittee to assess the damages occasioned to
21 the owner of said land by constructing said
22 Railroad thereon ; Provided, said commit-
12
1 tee has not been appointed thereon prior to
2 said term of the Court, and also at the same
3 term of said Court, file with the Clerk
4 thereof security to be approved and ad-
5 judged sufficient by said Court, for the pay-
6 ment of the damages and costs that may fi-
7 nally be recovered against said corporation
8 by the owner of said land.
9 Sec. 9. Be it further enacted. That if any
10 Railroad corporation, their agents, officers
11 or servants, or any person under the au-
Ï2 thority of such corporation, their agents,
13 officers or servants, shall, in any of the ca¬
ll ses specified in the third, fourth,"fifth, sixth,
15 seventh and eighth sections of this act, en-
16 ter upon, take or use the land of another,
. * 9
17 unless such corporation shall have complied
18 with all the provisions contained in said sec-
19 tions, applicable to the said several cases,
20 and required to be done, by said corpora-
21 tion, such entering upon, taking or using
22 said land being unlawful, within the true
13
1 intent and meaning of this act, such cor-
2 poration, agents, oiScers, servants or other
3 person so offending against the provisions
4 of this act, shall upon conviction of such of-
5 fence, upon indictment, be fined in a sum
6 not less than one hundred nor more than
7 five thousand dollars, one half thereof to
8 the use of the person complaining, the oth-
9 er half to the use of the county where such
10 conviction may be had, and the provisions
11 of this section shall not bar the owner of
12 said land from his remedy by action of tres¬
is pass, or otherwise, against such corporation,
14 agent, officer, servant or other person, for
15 such unlawful act.
16 Sec. 10. Be it further enacted, &o
17 much of the charters of any Railroad cor-
18 poration heretofore granted, and of all oth-
19 er acts and parts of acts, as are inconsis-
20 tent with the provisions of this act, be and
21 the same are hereby repealed.