The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1859-05-13

tNo.0el AN ACT
Providing for enclosing Railroads by Fences
aud Cattle Guarda.

III No, " AN AOI
Providing for enclosing Railroads by Fences
aud Cattle Guards.
/ Sec. 1. BE IL enacted by the General As.
sembly Of the State Of Ohio, That ovcry rail-
road company or other party having the CON
troll or management OF railroad, tho whole
or part Of winch shall bo located within this
state, shall, aud is hereby required, within two
years aflor tho passage Of this act, or within
two yema after commencing 10 run cars there
on lJi the transportation Of passengers or
freight construct and maintain good aud
sufficient fcncce on both sides Of such road, or
such pirt thereof ns shall ho IN running order
and located within this state, hndalso 10 make
and maintain a sufficient number Of suitable
crossings for the accommodation OF the public,
and Of persona living near tho line Of such
railroads together with the necessary cattle.
guards 10 prevent cattle and other animals
lrom oudangoring themselves and the lives "
passengers by getting upon such railroad, aud
such company shall be liable for all damages
which may result 20 horses, cattle or other
domestic nnitnnls by reason o the want or 10
spmclcncy OF such fences, road crossings or
cattle guards, or by any oarclcssnefs or neg
hgcnco Of such company, party, oragent or
agents thereof; and no person shall ride lead
ur drive any horse, COW or other domestic an.
imal iutO such inclosure and upon such rail
road track, without the consent OF such com.
pany or party, under penalty Of "a flne not c1.
eeediug ten dollars for every such offence, 10
he recovered by such corporation or party IN
an action before justice Of tho peace Of the
proper township, aud the liability OF all DANA.
yts which may thereby oocasioncd: provided,
that whenever such railroad shall pass through
Or along the boundary ofany incloscd field or
fields, tue proprietor or propdotora oi such
inclosod field or fields Is hereby required 10
construct one halt the fence necessary tD par
titon such inclofcd lands from the railroad
and tho construction OF the samo may bo In
forced in the same manner as are the partition
fences between two or more individual boun.
dariesi provided further, that any person OF
persons desiring private crossing or crossings
AID catto-guards as contomplatcdby this act,
shalt be responsible FOR One-half the expense
Of constructing an maintaining the same
See. 2, That whenever any railroad com.
pany or other party having the control and
management Of a railroad shall have erected
such fence or fences a. are required by the
first sec lon Of this act and any lands adjacent
thereto, the owners Of which have received o
for the right Of way through the
same, are or shall bo inclosod 40 that such
railroad fences shall form, Ia whole or Ia part
the inclosuro 90 such lands, the person or por-
SONS owning tho same shall pay 10 such rail.
road company one half Of tho cost and expon.
set incurred By the construction Of 10 much
thereof as serves as q partition fence, or one
half tho value Of such fence at tho time such
inclospro may be made, as tho en- 70 may be,
aud Whenever any soch lands shall hayo been
incluscd by the owner or occupyer thereof Ia
such manner that tho enclosing fence, IN whole
or In part, may be made to answer the purpose
Of nclosing auch railroad, the railroad com.
pany or other party having the control and
OF the road, may join It's fences
thereto, upon paying 10 such owner or occupy
or one half the cash value Of 50 much OF such
fence rs serves 20 lncloso the railroad, aud In
all cases where oithor the railroad company
Or other party having the control aud manage |
mont Of railroad, or tho owner or ooeunyor
OF lands adjoining, shall refuse TO piy, AZ re.
lul red by tho provisions OF this section, ono.
Iht the cost or ono.half the cash valuo Of so
much feuoo as shalt have been built by the |
other, and serves the double purpose Of inolos.
Ing tho railroad aud tho adjoining lands the
same may bo recovered before any court of
competent iurlsdoionln a civil action.
SEQ. 3. Then when such fences aro duly
made, they shall be kept In repair In all res.
poets na partition fences arc now by law re.
quired 10 be kept In repair.
Sec (, Nothing contained IN this act shall
be held 20 affect Ia any manner any contract
or agreement between any railroad company |
or other party having hooontrol aud manage |
meut OF a railroad, aud tho pruprletors or oo
cupyrrs Of lands adjoining for tho construction !
and maintenance of lonoos, cattle guards and
railroad crossings
Sec. 5. That if any railroad company, or
other party having tho control and manage
mon' Of a rairod, shall neglect or refuse to
construct such fences, cattle guards or cross
ings, or 10 keep the same In repair, "a proscrib-
cd IN the foregoing part OF this act, (alicr thir.
~ days previous notice or request to do the
tho same, made In writing by any person,)
such railroad company shall forfeit and pay
lot each and every day that siid company or
other party shall refuse or neglect to comply
with the foregoing provisions Of this act, any
sum not exceeding h0y dollars per day, 20 be
recovered In a civil action In tue name OF the
State OF Ohio for tho use Of the county In
which suit Is brought.
Sec. 6. This act shall take effect and be
In force from and AFTER its passage.
S. W. gibson,
Speaker pro TEN. Of the House Of Reps.
MARTIN WELKER,
prpsidpnt of tho gennto