$ 89. not to be SEC. 3578. Nothing in the five preceding sections G. S. 1875, 334, shall affect any mortgage, trust, or lien upon the prop- Rights of prior erty foreclosed, which was created prior to the mort-incumbrancers gage, trust, or lien, under which such trustee may act; affected. but the trustees for all such prior incumbrancers may proceed, by foreclosure or otherwise, notwithstanding any act or proceedings by subsequent incumbrancers, or their trustees. Trustees to the corporation. SEC. 3579. When any such railroad is in the posses G. S. 1875, 334, sion of an assignee, or trustee, he shall have the same $90. rights, powers, and privileges as are conferred upon rail- have the same road companies; and all expenses and damages incurred powers, etc.. as by such persons so in possession. in good faith, to improve the lines of the railroads so in their charge, shall be reimbursed to them from the earnings of such rail. road while they have the possession thereof. $91. compensation from earnings. SEC 3580. The expenses of operating such railroad, G. S. 1875, 334, or other property, including repairs and all other reason. Expenses of able expenses of the trustee, and any damages incurred road, damages, for any injury sustained during the time of his execu- of trustee, etc., tion of said trust, and all claims secured by any prior to be deducted mortgages or incumbrances, which shall have become payable before or during said time, and also a reason. able compensation to be allowed to the trustee, by the Superior Court, shall be deducted from the earnings of the road, before any part of such earnings shall be paid to the creditors. engine. SEC. 3581. When any injury is done to a building 1881, ch. 92. Responsibility or other property of any person, by fire communicated for fire commu by a locomotive engine of any railroad company, with nicated by out contributory negligence on the part of the person 52 Conn., 264. entitled to the care and possession of the property in- 54 Conn., 447. jured, the said railroad company shall be held responsible in damages to the extent of such injury to the person insurable inter so injured; and every railroad company shall have an Company has insurable interest in the property for which it may be so est in property held responsible in damages along its route, and may exposed to such procure insurance thereon in its own behalf. fire. 1881, ch. 92. Notice of claim fire. SEC. 3582. No action shall be brought under the for damages by preceding section unless written notice of the claim is given to the defendant company within twenty days after the fire, specifying the day and hour of the fire, the property injured, and the amount claimed as damages Such notice may be given by a letter signed by the claimant or his agent, mailed to the superintendent of the railroad, or delivered to its station agent at a station in the town where the fire occurred. 1881, ch. 92. Appraisal of damages for land condemned shall SEC. 3583. No appraisal of damages for land taken or injured by the location or construction of a railroad, shall include any compensation for the increased risk of not include risk fire to any buildings erected on or to be erected on land outside of such location, on account of sparks from locomotive engines on such railroad. of fire. 1882, ch. 47. Water-closets at stations. 1884, ch. 110. SEC. 3584. Every railroad company operating steam railroads in this State shall maintain at each regular passenger depot on the railroad operated by them respectively, such suitable water-closets as in the judgment of the Railroad Commissioners the public convenience may require; and said commissioners may make all necessary orders in the premises, and enforce the same by mandamus, in the name of the State. SEC. 3585. All duties and obligations imposed by law upon railroad companies, in reference to returns to be made to the Comptroller or Railroad Commissioners, are hereby made obligatory and binding upon such corporations, and upon trustees, receivers, or other persons, that lay out, construct, maintain, or operate a railroad operated by steam power. 1878, ch. 60. Form of rail road company's returns. SECTION. 3589. Commissioners may require amendment of defective returns, under penalty. 3590 To be made by lessors. SEC. 3586. The Railroad Commissioners shall, on or before the first day of September, annually, furnish to the company or trustees operating each railroad duplicate blank forms for returns, as follows: Return of the Railroad Company for the year ending September 30, 18-. Specify the costs of betterments and the account to 1883, ch. 116. which the same is charged. TOTAL RECEIPTS AND EXPENDITURES. Statement of Receipts from all Sources. Cash on hand at date of last report. Bills and accounts receivable at date of last report. other sources (specifying each). when paid. ; rate per cent., ; date "construction, equipment, or property account, giving 66 each separately. any other purposes (in detail). Bills and accounts receivable this date. Cash on hand to balance. Bonds guaranteed by this company, or a lien on its road. Over-due interest on the same. Over-due interest on bonds issued by this company. Stock issued for stock of other corporations (naming such corporations). Stock issued for undivided earnings. Stock issued for increased valuation of road, or equip ment, or both. Stock issued without any payment thereon, or in any manner or for any purpose not named above, stating the amount in each case separately, and including the remainder of the stock issued. Amount of stock held in Connecticut. Number of stockholders residing in Connecticut. Bonds or Funded Debt. Describe all issues in the following manner (and if any bonds issued by other parties have been guaranteed by this company, or a lien on its road, describe them in the same manner, and state also by whom issued), viz.: First mortgage due Rate of interest, Interest paid to Description of Road. Date when road or different portions thereof were opened for public use, viz.: |