The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-05-31

team or vehicle shall give way to the said
car; nor shall any person wilfully or ma
any of said railway cars, by placing,
driving, stopping, or causing to be 4
placed or driven in a slow pace, or stopped,
any team, vehicle, or other obstacle in,
upon, across, along or near the track OF
said railways, or either of them in said city,
after being notified by the driver or con-
ductor, by the ringing of the car bell, or
otherwise; and whatsoever shall wilfully
violate any Of the provisions of this sec
ton thereof before the Mayor or Recorder
of said city, be fined in any sum not less
than five nor more than fifty dollars.
SECTION IL. This charter is granted, and
the rights and privileges herein conferred, /
are subject to the following conditions and
qualification, to-wit: That said Company.
miles of said railway, within said city,
fully completed and equipped, and cars
running on the same by the first day of
January, 1858; and that they shall b ave an
additional mile so completed and equipped
by the first day of January, 1870; and ON
the failure of said Company to construct
the number of miles ofsaid railway, within
the times herein specified, all rights and
privileges herein granted, and all work
done upon said railway, shall be forfeited,
and revert to the City of Evansville: Pro
Uided, That if said Company is delayed in
the construction of said railway by the
order or injunction from any Court, or
I be gfYento said Company over and above
I the tim 9 given by this section, for the conn
pletion of each given number of miles Of
SECTION Ia. The right to operate said
railway shall extend to the full term of
forty years from the passage hereof, and
the said City of Evansville shall not, dur
ing all the time to which the privileges
hereby granted to said Company shall ex-
tend, grant to, or confer upon any person
or corporation any privileges which will
impair or destroy the rights and privileges
herein granted to the said Company: Pro
Utded, however, That whenever the Com
mon Council may deem u eXpedient tnaS e
along any street or streets, or part OF. a
street, upon which said CompanyI has not
constructed any line of street railway, and
after the time shall have expired for the
construction of the number of miles of
street railways, as prOvlded in the l3th'Sec-
ton of this Ordinance, they may declare
the same, by resolution, and order and di-
rect that said Company shall construct the
same; and it shall be the duty of the City
Clerk to serve copy of such resolution, at
tested by the Mayor and City Clerk, upon
the President, or, in his absence, upon any
other officer or Director of said Company;
and it shall be the duty of said Company,
within ninety days after the service of
such notice, to officially certify to the
Common Councils copy of a resolution of
their Board of Directors, ordering the con-
struction of said line of street railway,
with the affidavit of the President attached,
that it is the design, in good faith, of said
Company. to proceed immediately to the
construction of said line OF street railway;
and on failure to do so, the Common Coun-
ell may, by resolution, declare all the
privileges and rights of way over and to
said line of street railway designated in
the resolution, requiring its construction,
as forfeited.
Should said Company so certify their in
tention to proceed with the immediate
construction of said line of street railway,
a period of time therefor shall be allowed
for such construction, equal to ninety days
for each one thousand feet Of such pro-
posed line of street railway, and after the
lapse of such time, should such line of
street railway not have been constructed,
and in running order, the Common Coun-
ell may, by resolution, declare all priyi-
leges and rights of way over and to the
proposed line of street railway, as forfeit
ed, and the Common Council may them
selves construct such line Of street railway,
or grant the right of way to any other per-
son or association as fully and entirely as
if this grant had never been made: and
said Common Council, person or asSocia-
ton, to the extent necessary for the proper
construction and running of such line of
street railway, may cross any track laid
under this grant; PS'orided, further,
Should not the Common Council within
twelve months after the date of any such
forfeiture, have constituted q railway upon
such forfeited line or route OF railway, or
cause the same to be done as aforesaid, the
rights and privileges herein granted to this
Company shall reinvest, and shall be held
by them the same as if no forfeiture had
aRsn R6ss BEEN gsry II St T Iee
of street railway, no notice to construct
another line of street. railway shall be
served until after the expiration OF
ninety days. and should the Company
certify an intention to comply Herewith,
no notice to construct another line of
street railway, shall be served more than
ninety days before the, time in which the
first line of railway is required to BIZ COM
pleted, as hereinafter provided.
, SECTION l5s IT. shall be fhe duty of the
City Clerk, Immediately after the passage
of resolution requiring a particular line
lsofs street railway to be CONSEQUENTIAL as pro-
vided in the 18th section of this ordinance,
to prepare duplicate Copies of such resolu-
tions, and serve one of them as heretofore:
Prouided, and endorse his return upon the
/ other, sh ewing upon whom The same was
served, and the date thereof and report the
same to the Common Council.
SECTION Is. This ordinance shall take
effect and Jbein force from and after, its ac-
ceptance in writing by the Evansville
Street Railway Company, and its publtca-
ton in the Evansville JOURNAL.
Attest. w. BAKER,
A. NJ. MCGUFF, Clerk. Mayor.
BY asithofityof the Boardof Directors of
the Evansville Street Railway Company,
I, John ]. Chandler. President of said Com
pany, for and on behalf of said Company,
do hereby accept the above and foregoing
ordinance, and agree that said Company
will construct and maintain street rail-
roads through the streets of the City of
Evansville in accordance with the pro-
visions of said ordinance, and upon the
istermSe conditions and TeQuirementS there