1881, ch. 41. Duty of companies. G. S. 1875, 331, bridge, or rail- G. S. 1875, 331, $76. Penalty for violation. 1885, ch. 81. Duty of commissioners on complaint of in terference with navigation by nse of drawbridge. G. S. 1875, 331, $ 77. Passenger blowing of the locomotive whistle upon a railroad at certain points within the limits of such town, city, or borough, should be dispensed with, said commissioners shall appoint a time and place for hearing said petition, and shall give reasonable notice thereof to the petitioners and the railroad company in question; and if after such hearing they shall be of opinion that the sounding of the whistle can be dispensed with, without danger to the public, they shall direct said railroad company to omit the same, and require any other signal which said commissioners shall judge best in lieu thereof, at such points as they may specify. SEC. 3559. When any railroad company shall receive such directions from the railroad commissioners, it shall thereafter omit the sounding of the whistle at the points named in said order. SEC. 3560. All railroad trains shall be brought to a full stop, at a distance not less than two hundred feet, nor more than eight hundred feet, from the draw in every draw-bridge upon the line of the railroad over which they are to be run, and from every point where such railroad is crossed by another railroad, and in plain sight of the same, before being run upon or over such draw or crossing; but the Railroad Commissioners may in writing authorize the passing of any draw or any railroad crossing, without stopping as aforesaid, when, in their opinion, it can be done consistently with public safety. SEC. 3561. Every person running such a train, who shall violate the provisions of the preceding section, shall be fined not more than one hundred dollars, or imprisoned not more than three months; and the president and directors of any railroad company who shall knowingly permit any violation of the same, shall be fined five hundred dollars. SEC. 3562. It shall be the duty of the Railroad Commissioners to investigate any and all complaints made to them of interference with navigation in the uses of draw-bridges over any navigable waters in this State, and to make such orders in reference thereto as will in their judgment remove, so far as possible, all just cause of grievance consistent with the rights of parties that may be affected thereby, and the public safety. SEC. 3563. All trains which are obliged to come to a full stop before crossing any draw-bridge, shall, when trains to stop at the Railroad Commissioners shall so order, stop at the nearest regular station to a regular station nearest to such draw bridge for a sufficidraw-bridge. ent length of time to accommodate passengers who may desire to enter or leave said trains, if said station is in full view of said draw-bridge, and not more than one hundred and twenty rods therefrom. $ 78. SEC. 3564. No railroad company shall permit any G S. 1875, 331, passenger train to be run over any switch, at any rail. Switches at railroad junction of different roads, or any station where road junctions. such train does not regularly stop, or is not then to be stopped, unless there be, at the time when such train shall arrive near such switch, a switchman standing at such junction switch, or the station switch so first approached with a white flag by day, or a light at night, to indicate that such switches are in a proper position for the passage of such train; or unless, in the absence of such switchman, said train shall first be brought to a full stop, at the distance of not less than two hundred feet, nor more than seven hundred feet therefrom; and every person who shall run a train over any such switch, contrary to the provisions of this section, shall be fined not more than one hundred dollars, or imprisoned not more than sixty days, or both; and the president and directors of any railroad company, who shall permit such train to be run over any such switch, contrary to the provisions of this section, shall be fined five hun. dred dollars; but the Railroad Commissioners may dispense with any such switchmen. 79. SEC. 3565. The commissioners may permit passenger G. S. 1875, 332, trains to be run past any switch, station, or highway when trains crossing, without stopping, at such rate of speed as they may pass switch, etc., may prescribe, upon the provision by said company of without stopsuch safeguards for the protection of its passengers and ping. the public as said commissioners may require; and for neglecting to make such provision, such company shall pay a fine of five hundred dollars. train. SEC. 3566. Upon every train run, or intended to be G. S. 1875, 332, run, upon any railroad in this State, at a greater average Number of $ 80. speed than thirty miles an hour, between stations, and brakemen on consisting of more than two passenger cars, one brakeman shall be kept at the brake of each car; but when the double-action brake is used on any such train, but one brakeman need be kept upon and for every two cars connected with such train; and the Railroad Commissioners may grant permission to any railroad company to reduce the number of brakemen required upon passenger trains, when such company may have adopted a system of brakes to be operated by the engineer, which in the opinion of said commissioners may render such number of brakemen unnecessary; but said commissioners may revoke such permission when they consider G. S. 1875, 332, § 81. 1881, ch. 10. the public safety requires; and on such revocation such company shall place upon its train the number of brakemen required by law.. SEC. 3567. Every railroad company shall, within twenty-four hours after the occurrence of any accident attended with personal injury, give notice of the same Commissioners to the Railroad Commissioners, in writing, who, upon Companies to give notice to of accidents. 1883, ch. 117. Railroad trains to be provided with hospital stretcher. 1887, ch. 90. Railroad Commissioners may and report neg receiving such notice, or upon public rumor of such accident, may repair, or dispatch one of their number to the scene of said accident, and inquire into the facts and circumstances thereof and the commissioners shall, without charge, furnish any person injured, or the friends of any person killed, any information they may have acquired in relation to any disaster, and the names of the persons from whom the same was obtained, or by whom the same may be proved. SEC. 3568. Every railroad company shall provide and cause to be placed in some car attached to every train passing over such railroad, and at every passenger station, a suitable hospital stretcher for use in case of accidents. SEC. 3569. The Railroad Commissioners may make any and all orders which shall seem to them to be make orders required by public safety and prudence relative to heatlect to General ing and lighting passenger cars, and shall report any Assembly. neglect by any railroad companies, to comply with such orders, to the General Assembly at its next regular session. SECTION. Chapter CCXVIII. BONDS AND MORTGAGES. 3570. Loans and bonds. 3573. Surrender of road to mortgage trustees. 3575. Return and record of inventory. SECTION. 3576. Rendition of quarterly accounts; foreclosure. 3577. Removal of trustees. 3578. Rights of prior incumbrancers saved. 3579. Trustees to have the powers of the company. 3580. Expenses and compensation of trustees. G. S. 1875, 332, SEC. 3570. Every railroad company may borrow 1882, ch. 140, § 4. money, and may secure the repayment of the same by $82. Corporation may borrow money and issue bonds. its bonds, signed by its president, and countersigned by its treasurer; but before being issued, said bonds shall be registered in the office of the Comptroller, and a certificate thereof shall appear on the face of each bond; and the Comptroller shall cancel any bonds so registered which may be brought to him for that purpose, and enter said act of canceling in his register; but no rail road company shall issue any bonds of a less denomination than one hundred dollars, nor have bonds outstanding at any one time to a greater amount than one-half the actual cost of the construction of said railroad, or than one-half the sum which its president, treasurer, and an engineer, approved by the Railroad Commissioners, shall certify under oath has been actually expended upon its railroad, and any false swearing in the matter shall be perjury, and the Comptroller shall not permit May sell bonds. the bonds of any railroad company, registered in his office, and uncanceled, to exceed the amount limited in this section. Such company may dispose of its bonds as shall be authorized by its stockholders. $83. SEC. 3571. The company may secure said bonds by G. S. 1875, 333, a mortgage of its property, or any part thereof, by deed Railroad may be duly executed by its president, under the corporate seal, mortgaged to to the Treasurer of the State, and his successors in office, in trust for the holders of said bonds, and recorded in the office of the Secretary of the State. secure bonds. closure of same. SEC. 3572. When any railroad company has mort- 1877, ch. 38. Mortgages of gaged, or shall mortgage its railroad, pursuant to law, railroad propto secure its bonds, and has included or shall include in erty and foresaid mortgages all or any part of its rolling stock, locomotives, and cars, whether those owned by it at the date of said mortgage, or those thereafter to be acquired by it for use upon said railroad, or both, such mortgage shall be deemed valid and effectual, as respects all the property therein included as aforesaid, and may be foreclosed in the same manner as ordinary mortgages of real estate; and the record thereof in the office of the Secretary of the State shall be a sufficient record and notice to protect the title under the mortgage, notwithstanding such company may remain in possession of all or any part of the mortgaged property. § 84. gage trustees. SEC. 3573. When any railroad company shall have G. S. 1875, 333, mortgaged its property or any part thereof, to any per-surrender of son, in trust, for the security of its creditors, or for the road to mortsecurity of any class of them, and shall have made default in the payment of principal or interest, due to such creditors, any such creditor may bring his com plaint to the Superior Court, in any county in which such railroad or any part thereof is located, setting forth such fact and claiming that such trustee may be placed in the possession of such property, for the benefit of such creditors; and such complaint shall be heard and determined at the first session of the court to which it is returnable, unless continued for reasonable cause; and if the allegations therein are found true, such court shall G. S. 1875, 333, $85. Limitation of liability of trustees in possession. decree that the said company and its president and directors, under a suitable penalty, shall surrender such mortgaged property to the trustee, for the benefit of such creditors. SEC. 3574. When any such trustee shall have taken possession of any property in pursuance of the provisions of the preceding section, or in pursuance of any authority contained in the mortgage or deed of trust, he shall take charge of and operate such railroad, or railroad property, for the benefit of the creditors for whom such trust was created, and shall not be personally liable for any cause or injury arising from the operation of such road, or while he may operate it; except for his willful mismanagement, or for any contracts made by him as such trustee; but all such property liable for acts of shall be liable for the acts and proceedings of such trustee, in the execution of his trust, to the extent of the interest of the creditors, for whose benefit he may act; and any proceeding for the purpose of making such property liable, shall be brought against such trustee, describing him as such. Trust estate trustee. G. S. 1875, 333, ventory. SEC. 3575. The trustee, upon taking possession of such property, shall make an inventory of all which and return in- may come into his possession under oath, and lodge it for record in the office of the Secretary of the State; and if any other property shall, from time to time. be discovered by him, he shall make and lodge a like inventory, under oath, as aforesaid. G. S. 1875, 333, $87. Trustee to render quarterly accounts to Secretary. for the bondholders. SEC. 3576. The trustee shall, from time to time, while operating such road, file his account, quarterly, in the office of the Secretary of the State, of all moneys received or disbursed by him, in the course of his May foreclose agency; and may proceed at his discretion, in the Superior Court, in any county in which such railroad, or any part thereof, is located, to foreclose said railroad company, and all subsequent incumbrancers, for the use of the bondholders, or other creditors for whom he acts; and such court may limit the time for the redemption of the mortgaged property, as in ordinary proceed. ings for the foreclosure of real property. G. S. 1875, 334, $88. Superior Court may remove trustee for cause and ap SEC. 3577. If such trustee shall neglect or unnecessarily delay to perform his duties, any creditor, represented by such trustee, may apply to the Superior Court in any county in which such railroad or any part thereof point another. is located, for the removal of such trustee, which application shall be heard at the first session of said court; and upon such facts being found true, such court may remove the trustee from his office, and appoint another in his stead. |