The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-04-19

tracks shall be subject to imprison-
ment in the discretion Of the Mayor
OF Town Council, not exceeding thir-
ty days or to fine not less than
fifty dollars for each and every Of
fense, to be collected as other fines
ARE collected in the Town of Newber-
ry. Provided, that this section shall
not apply to the various fire appara-
tus of the town which shall at all
times have the right Of way of all
streets in case Of fire. .. .... ..-. D..
Section 8. The said Henry l.. Parr,
his associates and assigns, shall for
ever save harmless the town Of New
berry from and against any and all
legal damages, judgments, decrees
and costs that may be recovered
against the said Town by reason of
the privileges hereby granted, or by
reason OF any act or acts on their
part, under and by virtue Of the pro-
visions Of this Ordinance.
Section 8. The right is hereby re-
served to have water or sewer mains
laid as the public may require; but
if it should be necessary at any time
to take up and remove any part of
said tracks for the purpose above
mentioned, then the same shall be
replaced as promptly as may be, and
in rs good condition as found, and
at the expense of the party for
whose benefit they were removed
and before any such removal, the
railway shall be securely Unidentified
against any loss or injury therefrom
by the persons or corporations for
whose benefit such removal is made.
When the streets are not graded or
paved the track shall Y, laid so as
to conform to the surface Of the
streets, but when such streets are
hereafter, from time to time paved
or improved, the track shall conform
to the approved or adopted grade.
Section 10. All policemen when on
duty and in full uniform shall be al
lowed to ride on any of the cars Of
said railway free Of charge within
the Town limits.
Section II. That the said II. T..
Parr, his associates and assigns, shall
have the rioht and authority to lay,
construct. erect, maintain, and oper-
rate pipes, poles, wire, and other
necessary appliances through, over,
and upon all the streets of the Town
Of Newberry for the purpose of con-
veying electricity for light or power,
or both, for the use of said railway
in the operation Of its cars.
Sc 'tion 12. The powers and privil-
eges hereby granted shall not vest
so as to be binding as a contract be-
tween the Town of Newberry and
the said Henry l., Parr, his associates
and assigns, until the said Henry l..
Parr, his associates and assigns,
shall have executed formal accept
ancc in writing Of the provisions of
this ordinance, which written accept
ance shall be filed within 10 days
from the ratification hereof with the
Clerk Of the Town Council Of the
Town Of Newbcrry.
Section 13. Tt is further provided
that work shall be begun in good
faith upon the construction of said
railway within the town limits with
in eighteen months Of the date of
the ratification Of this Ordinance and
three miles of said railway shall be
completed and in operation within
two years Of the date Of the ratifica-
ton Of this Ordinance unless restrain
ed by insuperable obstacles, Provided,
that said railway may be operated by
animal power for the first six months
should there be any unavoidable de-
lays in procurement of electrical
equipments
Section ii. The rights herein
granted shall continue for the period
Of forty years from the date thereof.
Section Is. If at any time during
the term of this franchise said rail
way shall not be operated, except
for unavoidable accidents, strikes, or
by reason Of judicial restraints, then
the Town Council shall have the right,
after Is days notice, to declare this
franchise to be thercupon null and
void
Section 16. The Town Council re-
serves to itself the right and power
to at all times to pass such Ordinan-
ces, rules and regulations concerning
said street railway within the incor-