The Providence news. (Providence [R.I.]) 1891-1906, 1904-03-08

owned wholly or I'm part or occupied by
the city Of Providence or the Providence
and Worcester Railroad company, or the
Boston and Providence Railroad corpora
tion. OF forming part OF the location OF
the railroad OF said Providence and
Worcester Railroad company or OF said
Boston and Providence Railroad corpora
tlon.
FILING OF CLAIMS.
Amend section by inserting in line
two after the words from time 20 time
the following: Prior 10 the 18th day OF
May, 1903. and by inserting In line four
after the words from time TO time the
words prior 10 said date.
Amend line OF section . by substitut-
Ing % for 81 days In said line 7. and add
after said line z. section 8, the follow
ing: Provided. however, that said court
may for cause shown, upon application
made therefor after the expiration of 60
days. permit any person no interested as
aforesaid to file his claim, or said court
may In its discretion extend the time for
nling such claims beyond said 90 days.
and In case Of euch permission or extern
SION like proceedings shall be had as is
provided herein as 70 filing claims within
said GO days
Amend line s OF section so IL shall
read az follows' At the end OF the time
allowed or any extension thereof as
aforesaid for fling such claims the corn-
missioners.' etc.
Amend section 10 so that after the
word 'cAuse In line 1s n shall read as
follows; But n the party claiming such
jury trial shall not therein obtain YER
dict more favorable 20 such party than
the amount awarded by the commission
ers. said party shall pay costs 10 the ad-
verse party. and II any party claiming
such Jury trial shall OBTAIN therein
LOT faN
OF the award given given by the COM
missioners, such party shall recover his
or tts cost from the adverse party
RECOVERY OF DAMAGES.
Amend section IS by inserting in line
ls after the word clerk the following:
Provided however. that II the owner,
OF said land go abandoned or OF any IN
terest or estate therein shall have SUI
fered any damage or incurred any rea-
sonable expense prior 10 the ming OF
such notice OF abandonment by reason OF
any proceedings for the condemnation OF
said land taken under the provisions or
this act shall be entitled 10 recover the
same from said company under any pro-
ceedings Instituted under this act 10 de-
termine the value OF said land or or said
interest or estate there, or if no such
proceedings have been instituted, then py
action OF the case against said company:
new section:
sec - II any person shall be dam
aged In the enjoyment OF his estate OF
property by the construction or opera
ton of said railroad or tunnel he may
recover the damages SO suffered IN an
action OF the case commenced WITHIN
one year from the completion or said
railroad or tunnel whether or not MS
estate or any interest therein shall nave
been taken or ACQUIRED by said company.
And any persons whose land shall have
been taken and who may have recovered
damages therefor may have like ac-
ton against said company for any dam
ages arising from the operation OF said
road and tunnel.
ON ISSUE OF BONDS.
Add to section 10 the following:
provided however, that, until the
tunnel and bridge hereinbefore author
ICED are completed and In operation, the
amount OF bonds issued by said company
and outstanding at any time shall not
exceed. at the par value thereof the
amount actually expended by said com
pany up 10 that time In the construc-
ton OF said tunnel and bridge and the
necessary approaches thereto-the amount
OF such expenditure to be sworn 10 by
the president OF the company and GER
titled by the railroad commissioner before
said bonds are issued; and thereafter the
remainder OF eaid bonds may be issued
from time 10 time only upon the anil
davit OF such president and the certin-
cate of the railroad commissioner that
amount equal to the par value OF the
bonds 80 issued have been actually ex-
pended by the company within me county
Of Providence In extensions, additions or
improvements TO the property now con-
stituttng the terminals of the New York.
New Haven and Hartford Railroad com
pany and its leased lines.
SUBJECT TO REGULATIONS.
insert after section 10 the following
new section
Section -. The use and enjoyment
Of all rights and franchises granted
under the provisions Of this act shall
be subject to such reasonable rules,
regulations and orders controlling the
maintenance. repair and operation of said
railroad. tunnel and approaches and OF
said crossings over Canal street and
North Main street as shall be, from time
to time. enacted by the city council OF
said city OF Providence.
''In case any such regulation or enact
ment shall seem TO said company to be
unreasonable. II may. within 30 days
after the same has been passed file its
petition In equity in the appellate divi-
sion OF the supreme court. praying for
n decision OF the question whether such
regulation or enactment is or is not rea-
sonable In the premises: and thereupon
by said court, after notice 20 the city
OF Providence. shall proceed 10 hear and
determine the matter according 10 tho
course OF equity. and its decision and
decree therein shall be final and binding
COMPLETE MAJ IL, 1910.
Amend seotioh 20 by adding the fol-
lowing:
Except that any person entitled 10
any damages or costs under the pro-
visions OF this act. by reason OF any
thing theretofore done by said company.
shall he entitled 20 recover said dam
ages and costs, notwithstanding said fail
ure Of said company. notwithstanding the
fact that this act shall otherwise become
void and OF no effect.
add after section % the following
new section:
Section -. II said company shall com
mence the construction OF its said rail-
road and shau not complete and com