The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1856-02-14
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A New Railroad Act.


The following is the act relative TO Rail-
roads, as It passed the House of Representa-.
tives.
Section I. Be it enacted. &c., That The sev.
eral railroad companies of The Commonwealth
shall, within nine months after the passage
Of this act, erect and thereafter maintain good
and sufficient fences along the lines of their
roads, wherever the same may be necessary
for the protection Of private properly and the
prevention of accidents, together with such
cattle guards and other efeclions and devices
as shall. be required, in connection with such
fences, for The said object Of protection and
prevention and upon default of any compa-
J ny TO erect such fences, cattle guards, erec-
lions and devices as aforesaid, within the
time mentioned, such company shall pay
treble damages for any injury TO person or
property occasoned by such default.
Section 2. That upon petition to the Courl
of Common Pleas of any county of this CON-
monweallh, setting forth a necessity for The
fencing of any Railroad in such county, The
said court shall appoint five competent and
disinterested viewers to examine the line oil
The railroad, or any past or parts thereof, in
said county, which said viewers shall deler.
mine what parts thereof require fencing for
the protection OF private property and the pub
lie safety and interests, and the kind and de-
scripion of fence TO be made, and they shall
make report 10 The court of their action and
judgment in The premises, with an accurate
draft of SO much OF the road as requires 10 be
fenced, whereupon the court may confirm
such report, and may grant reviews upon the
application of parties aggriered. and sci aside
or amend any report of viewers or reviewer RS
upon hearing of the case, and generally
may proceed as provided by law, in the case
o! the laying out of public roads in such
county, until final judgment upon the pro.
ceedings, when the railroad company or own.
er of such road may be ordered 10 establish
and erect within reasonable time to be fix.
ed by the court, such fence or fences as are
adjudsed necessary as aforesaid; and the
courts may enforce their order or decree by
attachment or otherwise, as orders and de-
crees of courts Of inquiry are enforced in or
dinary cases, and generally in and about The
proceedings may exercise and enforce their
jurisdiction in the premises, and by virtue OF
Ills ac, as the jurisdiction OF courts of equity
is exercised in analogous cases, The proceed.
ings in any case under the act 10 be entered
Of record, and the costs thereof 10 be paid
by The RAILROAD company or owner of such
road.
Section 8. That all fences, cattle guards,
erections and devices erected under the pro.
visions of this act, shall be KEEP, at all times
in good condition and :epair by the corpora
ton or other owner of the road, in default OF
which, or OF the erection or proper erection
OF such fences, guards, erections anG devices
under the order of the court, the railroad
company or owner OF the road shall be liable
10 treble damages 10 any party or person in
jnred by such neglect.
Section a This act shall apply 10 all rail.
road companies heretofore or hereafter incnr.
porated, aad rhe provisions OF The first section
shall take effect whether view may have
been obtained under the second section or
not The compensation of The viewers aud
reviewers shall be one dollar and fifty cents
per day, and they shall in no case be resi-
denis OF any township, borough or wald,
through which the road they are appointed
10 view may pass. And the said viewers and
reviewers shall be sworn or affirmed 10 per-
for their duties with integrity and fidelity, and
shall give notice for at least one week in a
newspaper Of The county, of the time and
place Of view.