The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1859-05-20

anu ailer lts passage.
WILLIAM B. WOODS,
Speaker Of the House Of Representatives.
4F MARTIN WELKER,
President Of the Senate.
March 9e, 1859.
mo. 92.) AN ACT
Providing for enclosing Railroads by
Fences and Cattle Guards.
Section /. Be'it enacted by the Gen
eral assembly of the State of ohio, Tha
every railroad company or other party
having the, control or management of
railroad, the whole or part Of which
shall be located within this state, shall
and is hereby required, within two
years after the passage Of this act, OF
within two years after commencing tt
run cars thereon for the transportation
of passengers or freight, to construc'
and maintain good and sutfici lent fences
on both sides of such road, or such par
thereof as shall be in running order
and located within this state, and also
to make and maintain sufficient mum.
bers of suitable crossings for the ac
commodation of the public, and of per.
sons living near the line of such rail-
road; together with the necessary cat.
tleiguards to prevent cattle and other
animals from endangering themselves
and the lives of passengers by getting
upon such railroad, and such company
shall be liable for all damages which
may result to horses, cattle or other
domestic animals by reason of the want
or insufficiel cy Of such fences, road
crossings or cattlesguards, or by any
carelessness or negligence of such com
pany, party, or agent or agents there's
of; and no person shall ride, lead or
drive any horse, cow or other domes-
tic animal into such enclosure and up
on such railroad track, without the
consent of such company or party, un-
der penalty of u fine not exceeding
ten dollars for every such offense, to be
recovered by such corporation or par
ty in an action before a justice Of the
peace of the proper township, and the
liability of all damages which may be
thereby oceasioned; provided, that
whenever such railroad shall pass
or along the boundary of any
inclosed field or fields, the proprietor
or proprietors of such enclosed field or
fields is hereby required to construct
one half the fence necessary to parti.
tion such inclosed lands from tho rail-
road, and the construction of the same
may be lnforced in the same manner as
the partition fences between two or
more individual boundaries: provided
further, that any person or persons de-
slrlng a private crossing or crossings
md cattle-guards contemplated by this
let, shall be responsible for one-half the
expense of constructing and maintains
ng the same.
Sec. 2. That whenever any ra ilroad
company or othorparty having the con-
rol and management ofa railroad shall
rave erected such fence or fences as are
'equired by the first section OF this act,
md any lands adjacent thereto, the ow-
1ers of which have received COM
cnsation for the right Of way through
The same, are or shall be enclosed so
that such railroad fences shall form in
whole or in part, the enclosure TO such
ands, the person or persons owning
he same shall pay to such railroad
one-half of the cost and ex-
oenses incurred by the construction Of
70 much thereof as serves as "a partition
enco, or one half tho value of such
ence at the time such enclosure may
'e made, as the case may be, and when
aver any such lands shall have been en-
'ioscd by the owner or compiler thereof
n such manner that the enclosing fence,
n whole or in part, may be made to
lr swer the purpose of enclosing such
the railroad company or other
party having the control and manage
nent of the road, may join its fences
hereto upon paying to such owner or
,ccupyer one-half the cost or one half
he cash value of so much of such fence
IS serves to enclose the railroad, and in
III cases where either the railroad COM
,any or other party having thecontrol
md Management of q railroad, or the
'wner or occupyer of lands adjoining,
hall refuse to pay, as required by the
provisions of this section one-half the
ost or ne-half the cash value of so
much fence as shall have been built by
he other and serves the double pur-
'ose of inclosing the railroad and the
djoining lands, the same may be recov-
red before any court of competent ju-
isdiction in civil action.
Sec. 3. That when such fences are
luly made, they shall be kept in repair
n all respects as partition fences are
low by law required to be kept in re-
'air ~ sd.