The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1910-02-18

granted, said grantees, their successors
or assigns hereby agree to indemnify and
save harmless the said village of Paw
Paw from all loss and expense to which
il may be subjected. or any damage or in
jury to person or property that may be
done or suffered by any one by reason Of
the construction and operation of said
railway or by use of the motive power
thereon, or by reason of any negligence.
carelessness or omission Of said grantees,
their successors or assigns. or of their
official agents or servants, and said gran
tees their successors or assigns shall be
liable to said village of Paw Paw for all
costs or damage suffered by or recovered
against said village in consequence OF any
act, neglect or default of said grantees,
their successors or assigns, or for any
breech of duty of said grantees their sue
cessorS or assigns, or from any breech Of
duty of their officers agents or employees.
SEC IO-Said grantees, their success
orS or assigns shall securely and firmly set
the poles used by said railway al such
| depth in the ground as to make the sup
port substantial and adequate, and cross
wires FOR the support OF the trolley wires
! shall be attached TO said poles at such
/ height as TO maintain said trolley wire not
less than eighteen feet above the surface
Of the street all poles and fixtures
of said railway when completed shall be
maintained by said grantees their sue
ceSsors or aSsgneS at all times in good
order and repair: provided that no poles
with brackets for the support of trolley
wires shall be used within the village
limits.
SEC. 1.-THE village council of said
| he rirrhf IN
amend this ordnance and to make such
other and further reasonable rules and
regulations as may from time to time be
deemed necessary and appropriate and
for the interest of said village, but which
shall not in any way conflict with the
| rights and privileges hereby conferred up
on the grantees, their successors or as
signs
SEC I2-Wherever gas, water or sewer
pipes have been or may hereafter be laid
in any street or hghwa, of said village OF
Paw Paw to be occupied by said grantees
their SUCCESSORS or assigns. said rail
way must be maintained and operated
subject TO the rights of said village to take
up, repair. remove or renew such gas
water or sewer pipes without being liable
to said grantees, their successors or as.
signs, for any damage whatever on account
thereof, provided however that such TAX
ing up repairing, removing or renewing of
such gas, water or sewer pipes shall be
done at the expense of the owners
thereof. and under the direction and SUI
pervlSion of the said grantees their sue
ceSSorS or assigns, and in such manner
as not to materially damage or injure
said railway and interfere with THE
operation thereof.
SEC. l3-rhe said village Of Paw Paw
hereby reserves TO itself the right to
hereafter lay down, repair, remove, OF
renew or permit the same to be done ia
said streets, gas pipes, water pipes, sew
ers and conduits, whenever the public
convenience NAV require. Provided
however, that in the case 1t shall be
come necessary to excavate under th,
tracks Of SAID railway, such excavation
shall be done with the least possible
delay, aud sufficient supports shall b.
provided To support the track of sale
railway, while such excavation is being
made, and the street or pavement shai
be restored to its former condition a,
speedily as possible, provided when sew
er pipe or water pipes shall run longi
tudinally underneath the tracks, sale
village shall not he obliged to supper
said tracks but may, if necessary, caus,
the suspension OF the running of cars or
that particular portion of track, but ONLY
for such time as may be necessary t
complete and refill the excavation.
SEC 1.-THE motor cars and carriages
of said railway shall be provided with
guards or devices for protection against
accident.
SEol5-The officials of the fire de
psrtment OF said village shall have the
right to cut temporarily any wire oil
wires OF said grantees, their successor:
or assign, whenever deemed necessary
for the protection of the interests of the
village, or the inhabitants thereof, dur
ing the prevalence of fire. But the
grantees shall not be held liable for any
accidents or damages caused, or result.
ing from, the cutting of said wires.
SFC l6-If, under the provisions oil
this ordinance, the village council shall
at any time declare the privileges ol
said grantees their successors or ASST NJ
hereunder to be forfeited for any
cause justifying the same. said gran.
tees their successors or assigns, shall be
liable for ali necessary cost and expens.
es 10 removing the tracks laid under the
terms of this franchise and replacing
the streets 10 suitable condition for
public travel. And the village of Paw
Paw is authorized under such conlln.
gencies TO take possession of said streets
wherever occupied by said grantees
their successors or assigns, and any
property OF said grantees or their as
signs, may have in said village of Paw
Paw, and collect any and all amounts
so expended in repairing and restoring
said streets to their proper condition.
SEC. l7-Said grantees. their success.
ors or assigns, shall begin the construc-
ton of said road within six months from
the date of this franchise, and shall
construct said road from Benton Harbor
to Kalamazoo within two years, and
have care carrying passengers, running
daily, at least once in every two hours be
tween the hours of six o'clock a m. and
eleven o'clock p. M. Sundays exec pied,