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PUBLIC UTILITIES : Chapter 12

• 1 : Application of chapter
• 2 : Exclusive franchises; railroads subject to general laws
• 3 : Certified copies of certificates, surveys and documents as evidence
• 4 : Time for discharging duty or exercising privilege; effect of restraint by court
• 13 : General powers, restrictions and liabilities; governed by Title 14
• 14 : Purchase and sale of capital stock, securities and franchises of other corporations
• 15 : Sale or exchange by railroad company of its property and franchises; procedure
• 16 : Change of name; extension of corporate existence; change in amount and classes of stock
• 17 : Voting by bondholders
• 18 : Borrowing money; bonds; mortgages; usury as defense; penalty
• 19 : Motive power; condemnation
• 20 : Construction and use of tracks across streets and highways by certain companies
• 21 : Operation of ferry as part of railroad system
• 22 : Purchasing or hiring vessels, wharves and landings
• 23 : Foreign railroads in this state; rights and liabilities
• 23.1 : Improvement and use of real estate not required or used for railroad purposes
• 24 : Filing surveys of routes of main line and branches
• 25 : Deposit with treasurer prerequisite to filing survey of branch
• 26 : Recording surveys of main lines and branches; fees
• 27 : Right of way; width
• 28 : Entry on lands and construction of road; payment or tender of damages
• 29 : Time for commencement and completion of road
• 30 : Failure to timely commence or complete road; priority of location
• 31 : Extension of time for completing road
• 32 : Branch lines to mills, factories and mines; municipal consent
• 32.1 : Branch lines, spurs or side tracks to horse race meeting premises; deposit with state treasurer; municipal consent
• 33 : Connecting roads by branches
• 34 : Connection between railroad and street railway
• 35.1 : Authority and extent of condemnation.
• 36 : Crossing another railroad; required grade angle
• 37 : Relocating route before construction
• 38 : Change of location of route to avoid physical obstacles
• 39 : Straightening, shortening or improving road; condemning land
• 40 : Abandonment of part of line; repaying of deposit; new survey
• 40.1 : Cautionary boards not connected with automatic block signal system
• 40.2 : Violations
• 41 : Construction and maintenance; draws; land under water belonging to state
• 42 : Draws; lights and attendants; penalty for neglect
• 43 : Bridge over shallow tidal waters; necessity of draw; determination of department of conservation and economic development
• 44 : Bridges over Delaware river; condemnation; taking lands of state
• 45 : Tunnel under interstate waters; manner of constructing; changing sewers
• 46 : Duty to erect and maintain; liability
• 47 : Penalty for driving animals on tracks
• 48 : Speed of trains through cities where fence, embankment or cut is maintained
• 49 : Bridges and passages at street and road crossings; private ways and cattle guards
• 49.1 : Construction of bridges or passages; installation of protective devices; division of expenses
• 50 : Piers to support bridges over streets or highways
• 51 : Highways over or under railroad; condemnation of lands for embankment or cutting
• 52 : Failure to construct and maintain bridges and crossings; procedure by county or municipality
• 53 : Construction of tracks along city streets; elevated roads; contracts
• 54 : Protections at grade crossings; group signals
• 55 : Compelling proper protection of grade crossing
• 56 : Enforcement; penalty; construction
• 57 : Safety measure for locomotives; penalties; "supplementary safety measure" defined; limitations.
• 57.1 : Pilot demonstration program for supplementary safety measures.
• 58 : Warning signs at grade crossings
• 58.1 : Abandonment of line and grade crossings; notice; substitution of abandoned grade crossing sign for warning sign
• 59 : Protection of electrified third rail at grade crossings
• 60 : Failure to protect electrified third rail; penalty; negligence per se
• 61 : Authority of board of public utility commissioners; manner of elimination
• 62 : Division of expenses
• 63 : Expense of change in or removal of public utility property or facilities; hearing
• 64 : Petition for removal of grade crossing; hearing; notice; determination
• 65 : Notice of hearing; publication; contents
• 66 : Powers vested in board of public utility commissioners and courts
• 67 : Changes or alterations ordered prior to April 14, 1930
• 67.1 : Application of sections 48:12-61 to 48:12-66
• 68 : Annual program by state highway department; maximum yearly expenditure
• 69 : Railroad companies to be furnished annual program; co-operation required
• 70 : Division of cost between railroads and Highway Department
• 71 : Agreement for division of cost
• 72 : Expense of certain crossings not at grade
• 73 : Agreements with railroad companies to perform the work
• 74 : Furnishing annual program to municipalities and public utilities; changes at own expense
• 75 : Maintenance and repair of completed work
• 76 : Closing, abandoning or combining crossings
• 77 : Sharing of expense of closing, abandoning or combining highway or crossing
• 78 : Determination of disputes
• 79 : Contracts between municipalities and railroads; condemnation; division of expenses
• 80 : Taxes or bonds by municipalities to pay their share of expenses
• 81 : Contracts between county and railroad for elimination of grade crossings; street railways
• 82 : Contributory negligence at crossings having safety gates jury question
• 83 : Crossing not having protective device; contributory negligence jury question
• 84 : Traveler's right to assume proper operation of safety devices at grade crossing
• 85 : Spark arresters on engines; penalty
• 86 : Liability for damage by fire from sparks
• 87 : Insurance by railroad of property exposed to fire from sparks
• 87.1 : Diesel locomotives; ventilation of cab; penalty for violation
• 87.2 : General requirements
• 87.3 : Exception
• 87.4 : Administration and enforcement; penalty
• 87.5 : Partial invalidity
• 88 : Requiring safe ingress and egress to railroad station
• 89 : Inclosures around stations
• 90 : Abandonment of station or discontinuance of passenger or freight agent
• 90.1 : Electric headlight and tail light
• 90.2 : Windshield and device for removing moisture; top
• 90.3 : Administration of act; rules and regulations
• 90.4 : Violation of act; penalty
• 91 : Consent of municipality and approval of public utility commissioners
• 92.1 : Condemnation
• 93 : Stocks and bonds; mortgages; approval
• 95.1 : Condemnation of right-of-way
• 96 : Operation authorized
• 97 : Prerequisites to operation of autobusses
• 98 : Franchise taxes; exemption from other taxes
• 99 : Train service; accommodations for transportation; civil liability
• 100 : Right to demand and receive fares
• 101 : Tickets; length of validity
• 103 : Extra fare for parlor and sleeping cars
• 104 : Ejection of passenger for nonpayment of fare
• 105 : Reduced rates for ministers and members of religious orders
• 106 : Liability for injuries to passenger on platform
• 107 : Baggage checks; penalty for refusal
• 108 : Transportation of bicycles as baggage; penalty for refusal
• 109 : State officials and employees entitled to free transportation
• 110 : Issuance of certificates; contents; list to railroads; revocation
• 111 : Production of certificate on request
• 112 : Loaning certificate; illegal use of certificate; penalty
• 113 : Certificates taken up for misuse; restoration or cancellation
• 114 : Return of certificate at expiration of office or employment
• 115 : Existing charter or statute obligation of railroads not affected
• 116 : Free transportation to municipal police and county detectives
• 117 : Freight charges
• 118 : Rates for way freight
• 118.1 : Greater rate for way freight; lesser rate for long hauls; board may authorize; restrictions
• 119 : Exchange of freight; transportation and rate
• 120 : Mail; rate and terms of carrying; commission to determine
• 121 : Rates for express matter and fragile property; agreement between railroad and express companies
• 122 : Responsibility for freight not delivered at station
• 123 : Charges for demurrage or car service
• 124 : Lien for demurrage; bond for delivery of property where claim disputed
• 125 : Limitation of liability; notice
• 125.1 : Railroad rights of way; acquisition; abandonment; sale, conveyance.
• 125.2 : Contents of notice
• 125.3 : Service of notice
• 126 : Lease, consolidation or merger authorized; rates
• 127 : Filing agreement of waiver; approval of board of public utility commissioners
• 128 : Joint agreement for consolidation or merger; contents
• 129 : Submission of agreement to stockholders
• 130 : Filing and recording of agreement; record or copy as evidence
• 131 : Effect of consolidation or merger; rights, duties and liabilities of new or acquiring company; acquisition of land
• 132 : Stockholders dissenting from consolidation, merger or lease; procedure
• 133 : Issuance of stock and exchange or sale of stock and bonds by consolidated company
• 134 : Borrowing money; bonds secured by mortgage
• 135 : Lessor company may borrow money and issue bonds secured by mortgage
• 136 : Filing of survey and maps of lines; relocation of routes
• 137 : State treasurer to repay deposit in certain cases
• 138 : Sale or lease; title vested in purchaser or lessee
• 139 : Acceptance of former charter or organization of new company
• 140 : New company may issue bonds and stock; settling debts of former company
• 141 : Foreclosure sale of railroad of another state with part of route in this state
• 142 : Procedure to acquire property and franchise within state; transfer of property to new company
• 143 : Purchase by another railroad company of railroad and franchises sold by court order
• 144 : Foreclosure sale in another state of foreign railroad operating road within this state
• 145 : Failure to run daily trains; receiver; exceptions
• 146 : Operation of insolvent railroad by receiver; expenses
• 147 : Sale or lease of railroad by receiver
• 148 : Lease of railroad by trustee or receiver; conditions
• 149 : Return to receiver of insolvent railroad money deposited with state treasurer
• 150 : Dissolution; procedure; repayment of deposit with state treasurer
• 151 : Limitation of actions; injuries to persons; death; injuries to property by fire
• 152 : Trespassing on property prohibited; recovery barred in certain cases.
• 153 : Liability of railroad for amount due laborer by contractor
• 154 : Badges for passenger train and station employees
• 155 : Number in train crews
• 156 : Selling articles on train without license
• 157 : Unauthorized exercise of franchise; penalty
• 158 : Placing freight car in rear of passenger car; misdemeanor; exceptions where ordered by army or navy officers
• 160 : Unobstructed windows on passenger cars; penalty
• 161 : Signal device between engine and cars; penalty
• 163 : Intoxication of engineer or conductor; misdemeanor
• 164 : Strikes; employees abandoning or refusing to aid in movement of trains; misdemeanor
• 165 : Strikes; interfering with employees; injuring, destroying or obstructing property; misdemeanor
• 166 : Neglect or refusal to pay fare; penalty

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