Evening journal., 1899-03-20


unless more land shall be rcqui-cd for /
the slopes OF cuts and embellishments, with !
uS many sets of trucks and rails as sii III /
corporation may deem necessary, and Il /
shall be lawful for such corporation. Its /
AGENTS. engineers. supcrlntcndents. or /
others IN IT'S employ to enter az an times |
upon All lands or waters for the purpose /
OF exploring surveying. lcveling. and !ay-
ing out The route or routes OF such rlil- |
road and Of locating the same, and all
necessary works. buildings, convenience |
anpurtcnanccs and appendagcs thereof
doing no unnecessary injury to private or
other property, and when the route or
routes Of such railroad and the location
or locations OF an other works. buildings.
convcniences. appurtenanccs and append
ages thereof. shall have been determined
upon. and a survey of such route or
routes. location or locations. deposited In
the office Of the Secretary OF State. then
a shall be lawful for every such corpora
ton formed under this Act. upon pay
mcnt or tender OF such compensation as
hcrcinbefore provided by the officers,
agents. engineers. supcrintendents, work.
men and other persons In their employ.
90 construct. maintain and operate a rail-
road with o. single or double track. with
such side tracks. turnouts, offices. sta
tions and dcpots as they may deem necoa-
sary nj and between the points named In
the articles OF association, commencing
az or within and extending 20 OF into any
OF terminus. and from time TO time,
either before or after completion, OF the
main line. construct, maintain and oper-
ate branches within the limits OF any
county through which said road may
passs lay rails. and Tor that purpose TO
enter upon, take possession OF, hold
have. use occupy and eXcavate any lands
and erect any embellishments. bridges and
all other necessary works, and TO do all
other things which may be suitable or
necessary for the completion, repairs or
management OF said railroad. and Tor the
conveyance OF passengers and freight 20
and from the tcrmlnil thereof by steam
power; provided. always that tho pay
ment or tender OF payment OF all dam
ages for the occupancy OF all lands
through. under or upon which said rail-
road and It's convcniences, appurten-
ances and appendages may be laid out
or located be made before the said cor
poration. or any person under It's direc-
tlon or employ shall enter upon or break
/ ground IN the premises except for the
purpose OF surveying and laying out said
railroad and its convenicnccs. apprton-
lauces and appendaFos and OF locating the
same unless the consent OF the owner or
owners OF such lands be first had and OBJ
/ tanned. and provided further, that the
survey OF the route OF any branch shall
not be filed IN the oficc OF the Secretary
OF State until the officers or directors OF
the corporation shall have deposited with
i the State Treasurer "a sum equal 10 az
least two thousand dollars for every mile
and a proportlonate sum for any distance
less than a mile. OF such branch which Il
| O. PROPOSED 10 construct and the said
| treasurer shall be custodian OF such fund
| and shall hold the same subject TO be
| repaid to the directors or treasurer OF
| such company I'm sums OF two thousand
| dollars for each mile and n proportiOnoto
| sum for any distance less than a mile. OF
such branch upon the construction Of
| which Il shall be proved TO his satisfac-
ton that such amount has beon expend-
ed and provided further. that the con-
struction OF all such branches shall be
commenced within six months from the
date cf nling the survey thereof as afore-
said and shall be completed and opened
Within three years from the date OF the
commencement OF the construction as
aforesaid.
SECTION so. II shall be the duty OF
every rdroad corporation organized un-
der this Act, 10 construct and keep In re-
pair good and sufficient bridges and pas
sages over, under or across the said rail-
road or right OF way whore any public OF
other road street or avenue. now or here
after laid shall cross the same. so thal
public travel on the said road shall moi
be impeded thereby; and II Is further pro-
Nided, that such bridges and PASSAGE
Shall be OF such width and character az
shall be suitable TO the locality In which
the same are stuatcd and also where
the said road shall intersect any farm ol
lands Of any Individual. TO provide and
keep In repair suitable and convenient
wagcn-ways over. under or across tn,
said railroad, and shall also construct
and maintain suitable and proper cattle
guards al all road crossings, provided. al
ways. THAT IN case any such railroad shal
crcss any street or streets. highway OF
highways. In any city or incorporated
town, n shall be either above or below
tho grade Of said street or streets. high
way or highways. at such distance as
shall not interfere with the free and un-
interrupted use Of such street or streets
Highway or highways. provided. further
that the Council OF any city or the Com
mlssiOners Of any Incorporated town. Oh
other persons having control over sucf
, street or streets. highway or highways
may grant permission TO stid corporation
to cross such street or streets. highway
or highways, within the limits OF the re-
, spective city or Incorporated town al
grade, II they shall deem Il 10 be for the
best interest Of the city or incorporated
town; and further provided. that In th,
, event that such corporation shall not
within reasonable time after notiico
! tlon from the Council Of the city OF Com
missiOners OF the Incorporated town. OF
|. other persons having control over sucl
street or streets, highway or highways. ~
which such bridges and passages are q
be so constructed, or repaired. proceed
10 construct or repair the same as re-
:
Commissioners, or other persons as afOre
said may in the corporate name OF sucl
city or town, institute proceedings in th
! Court OF Chancery, against such corpora
ton TO compel the specific performance
Of the duties imposed upon such corpora
, ton by this section OF this Act and II
I case decree shall be made against sucl
/ corporation IN said proceedings. com
manding it TO specifically perform sail
duties. within a reasonable time TO h
liked, and n such corporation shall neg
lect or refuse TO specifically perform
!, such duties within such time the Chan
Z celoT, upon proof OF such neglect or re
fusal, may IN his discretion. Issue wri
OF injunction to restrain said corporation
/, from the exercise OF any franchise OF IN
tmnsaction Of any business IN this Stat
until said corporation shall have ohcye
: the command Of said decree and shal
have paid the costs OF said proceedings
! including a reasonable allowance to tn
: solicitor Of such city or town. TO be fixe
. hy the Chancellor; and further provided
| that raid Council or Commissioners %
I | other persors aforesaid. in the event o
= | the failure Of such corporation TO con
: gtruct or repair such bridges or passage
. | within % reasonable iimc after notinca
, ton as aforesaid, may if they shall deer
: lit advisable so 10 do, proceed thcmseivc
= to construct or repair such bridges o
= passages, and when the costs thereo
: shall have been ascertained. the sam