The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-17
Committee.
AN ACT

GRO " HoYLE,
WILLIAM CARY,
AN ACT
FOR THE BETTER SECURITY OF PASSENGERS AND
OTHERS TRAVELLING UPOc RAILROADS.
The people Of the State of New York represented In
Senate and Assembly, do enact IS follows
~. hue ese anal o. ana hereby con-
State for The purposes herein mentioned
Sec 2 The said Superintendent is hereby authorized
ard It shall DO his duty, whenever he sha deem it
cessavy for the public safety the general welfare
the information Of the Legislature require Of any
railroad company in addition to the returns reports
required to be made the State Engineer sur
vesor by action thirty Of the general railroad act
passed April second eighteen hundred and ifty such
other reports returns nfo from time time
the said superintendent may deem necessary for ths
public safety sba cause to be the
FORMS and thaii direct the of making such
turns reports or Of furnishing such inform tion and
fix the period Of time within which the shall be
mace and any RAILROAD company which shall neglect
refuse to furnish such TERMS reports or infor nation
within the time specified when required aforesaid
every day during which such company shall 50 nsect
refuse TO furnish the and it shall DO the duty the
information required to communicate the facts in
ton to such neglect or refusal to the Legislature at their
Sec g. It shall be la wfu for any railroad corporation
for the purpose Of regulating the conduct of its officers
employees or servants, and tor the moro efectuL en-
forcemeDt Of its rules and regulations well Tor the
better protection ard safety Of the public in addition
the granted by section twenty eight of tho gen.
further b,aws as NAV be- aeemed necessary and from
tms to time to alter reps4l any such bylaws and
make hers such syw shall not b
bylaws, orders rules and regulations made uDder the
above powers shall within sixty days after the passage
such law rule regulation laid before said
superintendent, shall have no legal force effect
SEQ A. The sald ernteposnt lie hereby authorized,
arc shall be lawful for him. to affirm any such law,
rule. regulation, aii before him and il shall
ues 'I psa.es
oil persons oienIlng against the same such company
may hnA fit not exceeding one hundred dollars for any
one offence but all by laws made by such corporation
sba be framed 81 to allow the Justice before whom
airy penalty in posed thereby may DO sought to be
veed to order part only Of such penalty to be paid,
if such justice shall think fit.
Sec. s. If the nfracton obse of any
such by laws, rules and gulaons affirmed as afore.
said b. attended with danger Anro, ance TO the pub
c or bndrance TO tie cmpapy in the lawful nse of its
to obysfe or remove such dar ger anpoysncc
OF hindrance and every such pcreon offending, and
al oh..s aiding o. assisting tssren shall and may DO
whom be M.y call to his stance and be taken before
justice Of the peace having jurisdiction ia the place
of the peace is hereby authorized and required upon
complaint made to him upon OATH TO take cognizance
thereof, ard ts act eunnariy in thu premises.
ssc.6 Every such BY Jaw duly affirmed by said super
ihtendsnt Aforesaid, shal 10 posted mp 10
ing such papy and shall be replaced from, time to
tins Whenever the sha hav been destroyed deaced
9, m ard al such by laws rules and regulations
ties acting under the same and for proof of the pubca
ton Of such by laws rules and Ieguis it shall
be sufficient to prove that printed copy cf the same
pasted up, continued and replaced whenever oh
liberated or desaced IS soon as conveniently might be
SEC It shsll be the duty Of the said .uperntec dent
Ct railroads report annually tho Legislature the
Of it's ft session, the condition Of every
in the ate the condition Of its equpage build
ngs machine shops and all sppurtenahces belonging
thereto the several accidents that red upon
each road whether resulting in personal injury other
wke the causes OF the same, the number Of persons
killed injured the cost to the company owning
operating every road Of the said accidents and the
embod ing in said report all such other facts statistics
formation ~ he may have Obtained, well as all
the proceedings had ny him under the provisions OF this
act ard 70 suggest such ddoual legislation be
required to in greater degree the public safety
Sec 8 1hs raid superintendent and all persons APP
pointed by him der provisions Of this act shah be in
all respects pbject 20 the provisions of the 6tn title of
cha pier Of the FIRST part 4 tho revised statutes far
as the same may BIO applicable; ard said upeptendent
or clerk or any person appointed by him. who shall
directly or indirectly receive any compensation pay
for spy services services other than tho
Pepsafion aov ed BY the provisions Of this act shall be
deemed guilty 81 o nsdemeanor
Sec o. All +noltes lie cssd under tha provisions OF
this act shall he immediately paid to the Of the
State. Ths comptroller shall audit ell accounts ser.
vices and expenses of the State engineer and per
pointed by him in executing the provisions of this act,
which accounts shall be paid on the Of comp
rt Ter cut OF ny money not otherwise Apr prated
Sec. 10. That In all suits and actions against Any rail
road corporation for injury arising to person
tu,e the fact Of such COLLATION. accident mis- adventure
shall be taken full pima facie evidence sufcien.
with negligence until they shall show that negligence
has been committed by them or those in their employ
ment.
Sec H. Every action mentioned in the tenth section
Of this act shall De entitled preference at the trial
argument over every other action, at any cir
cult court special term at airy general other
appeal or otherwise.
SEQ II 1t shall be the duty Of every railroad corpor.
toD to place suitable person to tase charge and
custody of every drawbidgs the line OF such rail.
read It shall not be awu for the psrs having charge
Of such drawbdgs open suffer the to be opened
either within fifteen minutes previous to the time OF
arrival Of each and every train Of expected APP
pointed to pass over the same uness such traio SHALL
before the expiration Of the period .oe.ad have passed
the same and IL shall BIO the daty Of every engine
having charge Of any And every engine approaching
any euch bridge il app oachng avo minutes
for HI crossing the to stcp eot'iey the motion Of
the erene and train under his charge st distances Of at
In motion again until the in charge Of such
drawbii dge shall inform such engine man, by signals
tnei she laer sucs stoerass =, ato,es.id that sad
cf tuch engine and tain
SEQ IL Every drawbrijge any railroad shall DO pro-
vidrd with red apd white signal boards by day, and rod
and white signals By night said boards least four feet
square end Of said b'arcs shall DO placed al least
half Mils from the bridge, apd In such position to
he plainly by tho ergnsmsn when approaching the
Mdps, ard said signal bosrds shall correctly SHOW the
| copdi,iop Of The BRIDGE
Sec H. Every "a. sesger train Of cars sha have when
running ut and thirty miles per hour, ooe brakeman
to each car, and train shall osr dra sbridgc
tn ouEh any incorpora ed village or CITY, at greater
speed than ten miles Per hour under penalty Of one hun
| cred dollars for each oiftpce
rec. Is No railroad company shall employ on their
roads Or trains any person as conductor sngnsOss hs
man brake man, switehman signal man, nag man, or
dawbridte tender iyho ia in the habit Of using inor
Gazing drinks under tho pepslty Of five hundred dollars
| 10, osery DAY such person shall DO employed
SEQ 10. Every p7rson named In this above section
tha be held responsible for faithful dischas ~ duty
and fer neglect ~ the duty assigned him shsH guilty
Of r9isdemeanor and punishable by im prison.
neat or both and II shall be the duty Of the COMPANY
whose road train tho offence committed TO sue
| for " Dsme.
| .so II. II, In consequence Of tho intcxoAtos or
r.. stfse or wtfnl 'ecnpuct NJ roe the
e ~ coucrctnr, e,Ripeer (Which ~ h,Sgs Or orsks
'e ity nr sers' msr o,hsr ssrspat u sush cor
pes'tso any ioss u bs shAM results ~ ~eSAhss g.
ltzAb shaA eeoaH slsA arvaak q sxvsa4x sh16 .