Evening journal., 1899-03-20


corporation by said Council or Commits
sloners or other persons having authority
or control over said highways and streets
respectively; by an action at law in any
court OF competent jurisdiction: provided
further, that the permission Of Council
of any city or the Commissioners OF any
Incorporated town or other persons hav-
ing authority or control over said high
ways and streets respectively hereinbe-
fore referred to. shall not be necessary
for the purpose OF crossing any street or
streets highway or highways al grade
unless said street or streets. highway or
highways. at the point where said railway
shall cross or al some point between the
crossing Of said railway and the nearest
terminus of said street or streets high
way or highways, shall be In actual use
by and for pedestrians and teams at the
time OF the requirement of the right OF
way Of said railway across such street or
streets, highway or highways.
SECTION ia. That any railway cor.
poration created under this Act, which
shall have duly located the route Of its
flee of the Secretary Of State. as required
by Section 1l2, shall have power in tho
construction Of Its said railway on such
route, TO cross any canal navigabla
stream or water course between its ter.
mini, but IN such manner as not unnec-
essarily to impede the navigation and use
thereof: and provided further that no
such grade crossing shall be permitted or
effected until the question OF the prac-
tcabiity OF an overhead or undergrade
determined by the Chancellor who SHALL
upon the petition or bill OF the company
desiring to effect such crossing at grade,
have full power and jurisdiction. upon
whose tracks are proposed to be so
crossed, to hear and determine the mat
ter by an appropriate decree. either re-
fusing or permitting the crossing at
grade, and II permitting, TO prescribe and
regulate by such decree the manner and
character of the said crossing, together
cQfppIIQrdC taf1a
thereat in addition to those by this sec
ton provided, as he may deem proper,
with the right of appeal from the Chan
cellors decree to the Supreme Court by
either party, as in other cases in equity:
and shall also have power to cross any
railway or railroad Intervening between
such terrninii and acquire the necessary
easement for such crossing either by
agreement with the corporation owner
thereof or on failure to agree. by con-
demna tion proceedings in the manner
prescribed by Section rs. Provided how
ever, that whenever practicable so to do.
the crossing OF any railroad at grade
shall be avoided. but II not practicable
the crossing may be at grade. subject 10
the further provision tn this section con-
tained, and in that event 1t shall be the
duty OF the corporation whose railway
track or tracks shall cross the track or
tracks of the railroad company to so
construct Its railway track or tracks as
that on each side of the right Of way OF
the railroad company so crossed, and at
a safe and convenient distance there
from. there shall be a disconnecton in
each rail Of the railway tracks capable of
being connected by means OF a switch
arrangement whereby the said railway
tracks may be made continuous for the
passage of the cars of the railway com.
pany over the right of way and tracks OF
the railroad company, which shall be op-
. Grated at the expense Of the railway
company by a competent agent thereof
who shall always be on duty at said
crossing for this purpose; and provided
further, that any railway may cross any
nanF INrnrrIn nN aF
or under grade by an adequate structure,
which, II under grade. shall be so located
and constructed as not to disturb the
road-bed so intersected, or, II overhead.
shall be at such an elevation as not to
impede or interfere with the free and safe
passage OF the cars on the railway 50
crossed.
SECTION 1l5. That any corporation
created under this Act for the purpose of
constructing a railway, shall commence
the proposed construction within six
months from the date of its organization,
6. d complete at least, one track OF said
OF commencement, as aforesaid; provided,
that II any such company or corporation
organized under this Act shall fail to
comply with the provisions Of this Sec
ton, 1t shall thereby forfeit the fran
chises given It by this Act; provided fur
ther, that If any such corporation organ
ized under this Act, shall be restrained,
prevented or enjoined by any proceedings
whatever at law or in equity from prose-
cutting the work on its railway, or from
opening or completing its said railway,
the time during which any such corpora
tion shall be so restrained prevented or
enjoined shall not be taken or computed
as any part Of the time allowed and lin
ited In this section for the opening and
completing OF said railway.
SECTION il6. Any corporation organ.
lied under this Act for the construction
and operation Of a railway, shall have
power to borrow such sums of money
fDln 70 fF1Q NOT In Ntn
aggregate double the amount of It's ful
paid capital stock as shall be necessary
to build, construct or repair its railway
and furnish all necessary cars and equip.
ments for the use and objects of said
corporation, and to secure the repay.
ment thereof by the execution, negotia-
tion and sale Of any bond or bonds Sc
cured by mortgage on said lands, privi
1eges, franchises and appurtenances OF
and belonging to the said corporation
provided that said corporation shall moi
plead any statute or statutes against
usury in any court of law or equity, In
any suit instituted to enforce the pay,
ment Of any bond or mortgage executed
under the provisions of this section; ant
provided further, that said bonds ant
mortgages shall constitute first lien OF
the railway, its cars real estate and
franchises and the proceeds Of said bondi
shall be used for the purpose OF aiding
in the construction and operation Of saiS
railway; and provided further, that 1
any person OF persons, shall issue sucl
bonds to any greater amount than double
the amount at the time OF such isSu
that shall have been actually paid up OF
the capital stock Of such railway. he, sh
or they, shall be guilty of a mlsdemeanor
and shall be punished by a fine of not les
than two thousand dollars. or by impris
onment for not more than three years, o
by both, at the discretion OF the Court
SECTION III. The provisions OF Sec
tlon S4 of this Act shall be applicable &
all railways that may be located and con
structed under this Act elsewhere thai
on turnpikes, highways or public roads.
SECTION lis. Any person who wifull
or maliciOusly obstructs any raiwa
company in the legal use of its railwa
track. or delays the passing OF the car
or railway carriages thereon or aids o
abets such detention or delay. shall b
punished by a fine not exceeding hft
dollars, to be by II recovered In any cour
having competent jurisdiction. in an ac
ton of debt; and further shall be liabl
for all damages sustained.
SECTION 119. Every railway corpora
ton formed under this Act shall caus
signal boards, we'll supported by posts O
d.