Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1885-07-18

would be created cherubim, and the
name of the school would be handed
down to pOsterity. July
IL, p. H., "Say doctor, what's that
bell ringia' fur?" "Why, that is to
the Union Sunday SCHOOL,"
Huh! Nobody ever 'sembles, but the
call him school?'
DIR. QUILL
LAWS OF 1885.
CORPORATIONS: RAILROADs-FENCEs
CATTLE GUARDS, ETC.
Section l. Section eight hundred
and nine (SO9), article two (2), chapter
twenty one (2I of the Revised Statutes
OF Missouri, is hereby amended by
out the words, "fail, neglect or
refuse for and during the period of
three months AFTER" in the twenty-sec-
ond and twenty-third lines of said sec
ton, and by inserting in the place
thereof the words "after three months
from the time Of" and by inserting be-
tween the words "named' and "tO, in
the twenty fourth line of said section
the words, "fail, neglect or refuse;"
and by inserting between the words,
"maintain" and "any," in the twenty
fourth line of said section, the words,
Gin good condition." and by striking
out the words, "and maintain" in the
twenty-sixth line of said section, and
inserting in the place and stead thereof
the words, "orrepair;" and by striking
out the words, ''full value of such
fences, openings or gates, cattle guards,
or farm CROSSING" in the twenty.ninth
and .thirtieth lines Of said section, and i'll
serting in the place and stead thereof the
words, "cost of such fences, openings,
gates, cattle guards or repairs, together
with reasonable compensation for his
time, trouble and labor in and about
the construction of such fences OPEN
ings,gates or cattle gaurds, or the max
ing of such repairs, together with ten per
cent. per annum interest from the time
ofthe service ofprocess upon such corpo-
ration in such suit. And in every such
action if the plaintiff recover judgment
there shall be taxed as costs against the
defendant, an attorneys fee, 70 be fix
ed by the court or justice before which
or whom the cause may be pending, at
such sum as may be reasonable COM
PCAAodtioh AOA OIL lCS al oOl NLLCS ICuutTtu
for plaintiff in the case, without regard
to any agreement between plaintiff and
his counsel as to fees; but such fee
shall not be taxed so long as any appeal
taken in such case shall remain undis-
posed Of" so that said section, as
amended, shall read as follows: Sec
ton 8O9. Every railroad corporation
formed or to be formed in this state,
and every corporation to be formed
under this article, or any railroad
corporation running or operating
any railroad in this state, shall erect
and maintain lawful fences on the sides
of the road where the same passes
through, along or adjoining inclosed or
cultivated fields or uninclosed lands,
with opening and gates therein, to be
hung and have latches or hooks, SO that
they may be easily opened and shut, at
all necessary farm crossings of the road,
for the use of the prOprietors or owners
of the land adjoining such railroad, and
also to construct and maintain cattle
guards, where fences are required, suf-
ticient to prevent horses, cattle, mules
and all other animals from getting ON
the railroad; and until fences, open
ings, gates and farm crossings and cat
tie guards as aforesaid, shall be made
and maintained, such corporation shall
be liable in double the amount of all
damages which shall be done by its
agents, engines or cars to horses, cattle,
mules or other animals OH said road,
or by reason of any horses, cattle. mules
or other animals escaping from or COM
ing upon said lands, fields, or inclos-
ures, OccasiOned in either case by the
failure to construct or maintain such
fences or cattle guards. After such
fences, gates, farm crossings and cattle
guards shall be duly made and MAIN
tanned said corporation shall not be liza
BILE for any such damage, unless negli-
gently or willfully done. Ifany corpora
ton aforesaid shall, after three months
from the time of the completion OF its
road through or along the lands, fields
or Enclosures hcreinbefOre named, fail,
neglect or refuse to erect or maintain in
good condition any fence, openings or
farm crossing or cattle guards as herein
required, then the owners or proprie-
tors of said lands, fields or Enclosures
may erect or repair such fences, OPEN
ings, gates or farm crossings or cattle
guards, and shall thereupon have a
right to sue and recover from such cor
poratiOn in any court of competent ju-
risdiction the cost OF such fences, OPEN
ings, gates, cattle guards or repairs,
together with a reasonable compensa-
ton for his time, trouble, and labor in
aud about the construction of such
fences, openings, gates or cattle guards,
or the making of such repairs, together
with ten per cent. interest per annum
fI,n <,ff fta
Of process upon such corporation in
such suit: provided, that before such
repairs are commenced, such owner
shall give five (5) days notice, in wri-
ting, to the railroad company, be deliv-
ering copy thereof to the nearest sec
| ton foreman or station agent of such
| railroad company, that the railroad
fence needs repairs at place or point
named in the notice, on the lands of
such owner. And in every such action
if the plaintiff recover judgment there
shall be taxed as costs against the de-
fendant an attorneys fee, to be fixed by
the court or Justice before which or
whom the cause may be pending, at
such sum as may be a reasonable COM
pensation for all legal services rendered
for plaintiff in the case with out regard
10 any aSreeulcuI DetWeen pldllllu Auu
his counsel as to fees; but such fee
shall not be taxed so long as any appeal
taken in such case shall remain undis-
posed of. And if any person shall ride,
lead or drive any horses or other ami
mails upon such road within such fences
and guards other than farm crossing,
without the consent of the corporation,
he shall, for every such offense, forfeit
and pay a sum not exceeding ten dol
lars, and shall also pay all damages
which shall be sustained thereby to the
party injured. If any person not con-
nected with or employed upon the rail-
road shall walk upon the track or tracks
thereof except where the same shall be
laid across or along apubhcly travelled
road or street, or at any crossing, as
hereinbefore provided, and shall re-
ceive harm on account thereof, such
person shall be deemed to have COM
mitted trespass in SO walking upon
said track in any action brought by him
on account of such harm against the
corporation owning such railroad, but
not otherwise.
AnurOved March al 1895