Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1859-05-27
Speaker
March 25, 1850.

rNo. p2l AN ACT
Providing for enclosing Railroads by Fences and Cattle
Guards.
Section l. BE it enacted by the General Assembly Of
the state Of Ohio That every railroad company other
party having the control OF railroad the
whole part of which shall be located within this state,
shall Nnd hereby required within two years after the
passage Of this act within two years after commencing
to thereon for the transportation of passengers
freight, construct and maintain good and sufficient
fences both sides OF such road such part thereof
shall be in running order and located within this state,
aud also to make and maintain sufficient number Of suit
sbe crossings for the accommodation Of the public aud
Of persons living near the line n such rairoad together
with the necessary cattle guards TO prevent cattle and
other animals from cndangerng themselves and the lives
Of passensers 10y getting upon such railroad, and such
company shall be liable for all damages which may result
to horses cattle TO other domestic animals BY
Of the want nsuccncy Of such fences road crossings
cattle guards by any oarelessness negligence of
such company party agent agents thereof and
person shall de lead or drive any horse cow or other do
mesc animal into such inclosure and upon such railroad
track without the consent Of such company party
der penalty of fine not exceeding ten dollars for every
such offence to he by such corporation orpary
in action before justice OF the peace OF the proper
township, and the liability of ali damages which may there
by be occssoned provided that whenever such railroad
shall pass through along the boundary Of any ncosed
field or elds the proprietor proprleors OF such in
closed field or fields is hereby required to construct
half the fence necessary TO partition such ncosed lands
from the raroad and the construction Of the may
be the same manner are the partition fences
between two individual boundaries: provided
further that any person persons desiring private
ng or crossings and cattle guards as contemplated by this
act shall be responsible half the exponse Of
structingand maintaining the same.
Sec. g That whenever any railroad company other
party having the control and management Of railroad
shall have erected such fence fences required by
the first section Of this act and lands adjacent there
TO- the owners of which have received compensation for
the right of through the same shall be neosed
that such railroad ncos shall FORM in whole in part
the incosure such lands the persons owning the
shall pay to suoh railroad company half Of the costs
by ofso much there
OF serves partition fence half the value of
such fence ut the time such ncosure may be made as the
may be- and whenever any such lands shall have been
ncosed by the occupyer thereof in such
that the enclosing fence, in whole or in part may be made
TO answer the purpose of neosng such railroad the rail-
road company other party having the control and man.
agement Of the road may join its fences thereto upon
ing to such oecupyer onehalf the cost
half the cash value of Of said fence serves
ncose the railroad and in all where either the rail-
road company or party having the control and
ment Of railroad the occupyer Of lands ad-
joining shall refuse to pay required by the provisions
of this secton one half the cost half the cash
other and the double purpose Of incosing the
railroad and the adjoining lands the may bo
cred before any court OF In civil
action
See G. Tint when such fences are duly made, they
shall be keptn repair In all respects as srtion fences
are by law required TO be koptin repair.
Sec g. Nothing contained in this act shall be held to
effect in any manner any contract agreement between
railroad company other party having the control
and management of ailroad and the propretors
cupyers of lands adjoining for the construction and main
ennnce Of fences cattle guards and railroad crossings
Soc s. That II anyTailroad company, other party
having the control and management of railroad shall
or refuse to such fences
crossings to keep the In repair prescribed in
the foregoing part OF this act fter thirty days previous
notice request to do the same made in writing by any
person. such railroad company shall forfeit aud pay for
and every day that said company other party shall
refuse neglect to comply with the foregoing provisions
Of this act any not exceeding fifty dollars per day TO
be recovered ia civil action in the Of the State OF
Ohio for the Of the county IN which suiE brought
Sec g. This act thall take effect and be in force from
and after its passage.
| s. W. gibson,
SpsaksT pro- tenn. Of the House Of RepTessRtpt1ees.
/ MARTIN WELKER,
! President Of tks Senate.