Evening journal., 1899-03-20

prescribed by Section 78. Provided how
ever. that whenever prneticable so to do.
roadway shall be avoided but n not prao-
ucable, the crossing may be az grad@
subject 90 the further provisions made By
this section, aud I'm that event IL shall
be the duty Of the corporation whose
fuilroad track or tracks shall CROSS the
track or tracks Of such other railroad or
railway company. at It's own expense to
erect and maintain at such crossing a
signal tower and signals OF a generally
approved pattern. with an electric warn
ing attachment, and also TO maintain an
snterlocl0lng system with deraillng
switches and keep n competent watch-
the trains OF the crossing company shall
come to a fun stop az least two hundred
teet from the tracks OF tho railroad or
railway crossed: and the trains or cars Of
the company owning or operating the
railroad or railway so crossed ut grade.
shall have precedence and priority OF
movement over the trains OF the company
constructing the crossing. And provided
further that no such grade crossing shall
be permitted or effected until the ques-
ton OF the practicabillty OF an overhead
or undorgrade crossing shall have been
considered and determined by the Cham
cellor. who shall. upon tho petition or
bin OF the company desiring to effect
such crossing at grade, have fun power
and Jurisdiction, upon notice TO and an
swer by the company, whose tracks are
ter1nne the matter by an appropriate de-
cree either refusing OF permitting tho
crossing az grade and n permitted. 70
prescribe and regulate by such decree tho
manner and character OF the said cross
ing. together with such safeguards
against collisions thereat, IN addition to
those by this section provided, as he
may deem proper, with the right az ap-
peal from the Chancelior's decree TO tho
supreme Court. by either party. as In
other cases IN equity.
SECTION 50. That any corporation
created under this Act for tho purpose
OF constructing a railroad. shall com-
mcnce the proposed construction within
six months from the date OF its organiza-
tion and complete M least, one track or
enid road within three years from tho
date OF the commencement. as aforesaid:
provided that n any company or corpora
tiOn organized under this Act shall fail
to comply with the provisions OF this sec
tion n shall thereby forfeit the franchise
given it by this Act; provided. further.
that II any corporation organized under
this Act shall be rcstr0lned. prevented
or enjoined by any proceedings whatever
az law or In equity from prosecuting the
work on lts road. or from opening or
completing rs said road, the time during
which any such corporation shall be 30
restrained, prevented or enjoined. shall
not be taken or computed as any part Of
the time allowed and limited In This Sec
tlon for the opening and completing OF
said road.
SECTION SO. Any corporation organ
lzed under this Act for the construction
/ and operation OF n railroad, shall have
power TO borrow such sums OF money.
from time TO time, not exceeding In tina
| aggregate double the amount OF its full
/ paid capital stock. as shall be necessary TO
| build, construct. or repair its road. and
| furnish all necessary engines and other
equipments for the uses and objects OF
I III4N II..aa
payment thereof by the execution, nego-
tiauon and sale OF any bond or bonds,
and secure the same by mortgage on said
lands. privileges, franchises and appur-
tenances Of and belonging TO said corpor-
alton, provided that said corporation
| shall not plead any statute or statltea
/ agadnst usury IN any court OF law or
| equity, IN amy suit Instituted 10 enforce
the payment Of any bond or mortgage ex-
| ecutcd under the provisions OF this sec
tioni and provided further. that said
| bonds and mortgages shall constitute a
nrst lien on the railroad its cars. real
estate and franchises. and the proceeds
OF said bonds shall be used FOR the Dur-
pose OF aiding In the construction OF said
railroad and equipments. and provided
further that Ar any person or persons
shall Issue such bonds 10 any greater
amount than double tho amount al the
time Of such issue, that shall have been
actually paid up on the capital stock OF
such railroad. he she or they shall be
fuliy or mlademrnnnr and shall be
punished hy fine OF not more than two
thousand dollars. or hy imprisonment for
not more than three years or by O9th az
the discretion Of the Court.
SECTION si. Every corporation. created
under this Act, for the construction OF a
railroad shall erect and maintain fences
on both sides Of Its road, OF the helghth
ana strength Of fence required by law
with openings or gates or bars therein
at farm crossings or the road for the use
OF proprietors OF lands adjoining such
railroads and shall also construct and
mliniain cattlc-guaris at an road CROSSE
ings suitable and sufficient to prevent cat
te ana other animals from getting on the
railroadi and until such fences and cat
ue-guards shall be duly made, tho cor
poration shall be liable for ali damages
which shall be done by their engines and
cars to cattle. horses or other animals
tnereoni and after such fences and guards
shall be duly made and maintained the
| corporation shall not DE liable for auy
such damages, unless ncgigcntly or will
iuliy zone ana II any person shall ride,
lead or drive any horse or other animal
upon such railroad and within such fences
ana guards other than at farm crossings
without the consent OF the corporation.
ne shall for every such offence forfeit a
sum not exceeding ten dollars and shall
also pay all damages which shall be sus-
tained thereby to the party aggrieved: Ia
shal not be lawful for any person other
] thnn those connected with or employed
upon the railroad to walk along the track
or tracks OF any such railroad except
, when the same be laid along public roads
or streets.
SECTION So. Every conductor. bag
gage-master or brakeman. OF any rail-.
road corporation, formed under this Act
employed IN passenger train. shall wear
upon his hat or cap a badge which shall
Indicate his office. and the initial letters
OF the name OF the corporation by which
nc Is employed, no conductor or cotlec-
tor OF fares or tickets. without such
badge shall be entitled TO demand or re-
: ceive from any passenger any fare or
. ticket or to exercise any powers OF his
office and no officer without such badge
! shall have authority, TO meddlc or inter
fero with any passenger. his baggage or
, property.
! SECTION Sc. ANY person who shall
. wilfully impair, lnjure, destroy or OBJ
r struct the use Of any railroad enjoyed
Z under the provisions OF this Act or any
. OF its necessary works. wharvcs. bridges,
Z carriages. engines, cars. machines. or
other property shall forfeit and pay to
, the corporation the sum Of nfty dollars.
I 70 be by II recovered IN any court having
: competent jurisdiction, I'm an action OF
, debt' and further, shall be liable for all
damages sustained.