§ 236. Abandonment or change of route; new commissioners; their powers\nand proceedings. Any corporation heretofore organized or hereafter to be\norganized under this article, its successor or assigns, which shall have\nconstructed or put in operation a railroad upon a part and not upon the\nwhole of the route fixed, determined and located for such railroad by a\nboard of commissioners, may at any time apply for authority to abandon\nany portion of the route upon which the railroad shall not have been\ntheretofore constructed or shall not then be in operation, with or\nwithout a change and relocation of such portion, and with or without\nextension of the portion not abandoned, or of any part thereof. Such\napplication shall be made by petition in writing, addressed by such\ncorporation to the board of supervisors of the county in which such\nportion of the route so desired to be changed or abandoned shall be\nsituated, which is not within the limits of any city, or if such route,\nor any part thereof, shall be within the limits of a city, to the mayor\nof the city, for the route or portion thereof within such city. Five\ncommissioners may be appointed pursuant to such an application as\nhereinafter provided, who shall be residents of the county or city and\nwho shall have full power as herein provided. When such application is\nmade by a corporation heretofore organized such commissioners may be\nappointed within thirty days after presentation of the same by such\nboard of supervisors, or, as the case may be, by such mayor. When such\napplication is made by a corporation hereafter to be organized under\nthis article, such board of supervisors, or, as the case may be, such\nmayor, may within thirty days after presentation of such application,\nindorse thereon their or his approval and direction that it may be\npresented to the supreme court in the manner provided in section two\nhundred and twenty of this article, and such court may thereupon appoint\nsuch commissioners. Within ten days after his appointment each\ncommissioner so appointed shall take, subscribe and file the oath and\ngive and file the bond prescribed by section two hundred and twenty-one\nof this article; and if any one so appointed shall not comply with this\nrequirement, he shall be deemed to have declined to accept such\nappointment, and to have made a vacancy which the appointing power shall\nfill by another appointment as herein provided. Within fifteen days\nafter such appointments shall have been so made, the commissioners shall\nmeet at some convenient place in such county and complete their\norganization as a board with appropriate officers. Such board shall have\nall the authority conferred by law upon commissioners appointed, or\nauthorized to be appointed under this article. Before proceeding to hear\nthe application of the corporation, the board shall give such public\nnotice as it may deem most proper and effective of the time and place of\nthe hearing. Within thirty days after completing their organization such\nboard shall hear the application of the corporation, and all parties who\nmay be interested therein, and within sixty days after their\norganization they shall determine whether any part of such route should\nbe authorized to be abandoned, or should be changed and relocated with\nor without extension or extensions. If the board shall determine that no\nabandonment of any part of the route should be allowed, and that no\nchange and relocation of any part thereof should be effected, and that\nno extension should be made, the board shall dismiss the application.\nIf the board shall determine that an abandonment of any portion of the\nroute should be allowed, or that any change therein or extension thereof\nshould be made, the board shall proceed to authorize and require the\nsame upon such conditions as to the board shall seem proper, and with or\nwithout extension of the remainder of the route or of any part thereof,\nby fixing, determining
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