The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-03-18

1
tons, or regulate the rates OF charges.
As. N oInlng contained In elmer OF
the last two sections shall be construed
| TO authorize the erection OF any wharf,
pier or bulkhead within the limits OF
an incorporated town, village or city.
| without the consent Of the council
thereof. - .-...
40. Nothing contained in this act
shall be construed to take from the
jurisdiction, charge or control of the
council, trustees or other authority Of
any towu, village, or city, go much Of
ary road, bridge, landing or wharf, as
by the laws now in force under such
jurisdiction, charge or control conclu-
sively.
so. Any person owning land having
timber upon it, or containing coal, ore,
or other minerals, who desires to obtain
a subtereauean or surface right Of way
by rail or otherwise, under, through or
over land belonging to another, or over
any railroad, canal, state or county
road, for the purpose Of mining for
such mineral lands, or conveying such
timber or minerals to market, or tor the
purpose of drawing any coal or mineral
lands under, through, or over lands be-
longing to another, or who desires to
obtain land on or near railroad, nsvl-
gable stream or public road, for place
OF deposit, sale and shipment Of such
timber or minerals, may make applica-
ton therefor 10 the manner prescribed
by law, and the proceedings thereon
had shall be according to law.
81. The report Of the commissioners
appointed pursuant to law to ascertain
the joint compensation to be paid for
the property, to be taken or injured Tor
the purpose mentioned in the preceding
section shall not be confirmed and or
dered to be recorded By the court unless
from such report and the evidence in
the case the court is of the opinion that
the purpose for which the property is TO
be taken ia of public utility, nor then,
if it appear that the mansion house oil
any person, or the yard, garden or
orchard. petainiug thereto ar any mill,
warehouse, factory, Stor. or sh"n, rail-
road, canal, state or COUNT -o"', WI
be materially injured; aud up.u pay
ment OF the compensation so ascertain
ed, within the time and manner rr~
scribed by law for taking private
property for public use right Of way
only shall be vested in the applicant,
not to exceed fifty feet wide iu any case,
except as TO the land condemned for
such place OF deposit, sale and chip
ment (Which shall in no
case exceed one acre. as TO
which The title shall be abso-
lutely vested, in the applicant, upon
such payment. When the right is 80
vested in the applicant IS to cross any
railroad, canal, state or county road, he
shall. at his own expense, make and
arrabge the said crossing 20 a. not 10
interrupt, ~ cny0j.e TO Interfere with
the free use OF zach railroad, canal
state, county or other road.
81. In the following sections OF this
chapter, unless different construction
ia required by the context, the word
road includes any state or county
road, turnpike or road owned by a
company or person, and the Cumber-
land road, and the word bridge" any
state or county bridge, owned by COM
pany or person.
53. Any person who shall kill tree
and leave it standing, within the dis
lance OF fifty feet from road; or with
out lawful authority shall knowingly
and wilfully break down, destroy, in-
lure or obstructany bridge or any bench
or log placed across a stream for the
accommodation OF ravelers; or dss-
troy, iniure, deiace or alter any guide
board, mile stone or mile post; or OBJ
struct or injure any road or ditch made
for the purpose OF draining road
shall BE- guilty Of a misdemeanor, and
on conviction thereof shall be fined not
less than ten nor more than fifty dol
lars.
81. Any person who shall drive OF
ride on or over bridge faster than g
walk, shall be fnel five dollars. The
county court OF any county may pre-
scribe by an order what number Of
stock OF any kind may be driven over
any bridge within their county at any
one time; but in every such case they
shall cause a printed copy OF such Or
der 20 be kept posted in conspicuous
place at every bridge to which the same
is applicable. Every person violating
any such order posted as aforesaid, OF
who shall tear down, alter or dcface the
same, except when ordered by such
court to do 50, shall be guilty OF a mia
demeanor, and on conviction thereof
shall be fined not less than ten nor more
than fifty dollars,
! IS The Gnes incurred under the last
! two sections shall, in the case OF 8
county road, bridge or work be to the
county court OF the couuty aud be paid
and applied So provided in the fifty
eighth section; in the case OF p road
turnpike or bridge owned NY com.
pany or person shall be 10 such COM
pany or person; and in the case Of the
Cumberland road or any state work
shall be to the state.
Sc Anv driver OF a vehicle meeting
any other vehicle on q road or bridge
shall seasorably drive TO the right i
the width thereof will permit, so thai
they may pass each other without in'
reference. And when vehicle il
oyertaken by aaother vehicle the driy.
er OF which desires TO pass the other TIT
driver Of the former upon being INFORM
ed OF such desire, shall bear 10 the Oh
and the driver OF the latter TO the left
until the latter shall have passed. Any
driver tsiDiOg 10 do 50 shsll forfeit two
dollars.
81. Ifapy horse race be run on any
public road or bridge. the rider Of any
horse in such race, the owner OF so!
such horse if he consent to such race
and every person who shall bet on such