The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-08
LEGAL.

company or companies interested and if
any such company shall fail to pay the
of notice Of the amount thereon. then
the amount SO awarded shall become a
lien In the proportion to the amount each
railway company shall pay,-if more than
one company is concern ed,-upon the right
| of way and all property of such railway
| company. and the collection thereof may
| be enforced by the city in an action
against such railway company COM
pames SO falling to. pay The width.
height and strength of any such Viaduct
| or tunnel and the approaches thereto,
the material to be used therefor. and the
manner of construction thereof shall be
| as required by the mayor and council or
mayor and commissioners. When two
az tI an V Js colnP1nISs o"n w oPeI,
ate separate lines of track to be crossed
| by any such viaduct, either upon, above
or below the grade, or where any street
railway company intersectS and crosses
| the track or tracks of any railroad COM
pany, the proportion thereof and of the
| approaches thereto TO be constructed by
| each, and the proportion of cost to be
borne by each, shall be determined by the
mayor and council or mayor and COM
| 1t shall be the duty of any railroad
company or companies or street railway
company, upon being required, as herein
| provided, to erect, construct, reconstruct
or repair any viaduct or tunnel to pro-
coed; within the time and in the manner
| required by the mayor and council or
mayor and commissioners, to erect, con-
struct, reconstruct or repair the
| same, and it shall be a rnisdemeanor
for any railroad company or companies
or street railway company to fail, neglect
or REFUSE to perform such duty, and upon
panies or the superintendent or other Of
ficer having charge of such railway COM
division where such viaduct or tunnel is
| TO pc erected or repaired, shall be fined
county jail not less than thirty days. and
eacb day such companies or officers shall
ran, neglect or refuse to perform such
DUTY shall be deemed and held a separate
offense; and in addition to the penalty
| herein provided any such company or
companies shall be compelled by man
damus or other appropriate proceedings
TO erect, construct, reconstruct or repair
any V1aduct or tunnel as may be required
mayor and council or mayor and COM
mtssioners shall also have power, when
or street railway company shall fail, neg
lect or refuse to erect, construct, recon
struct or repair any viaduct, viaducts or
tunnel, after having been required so to
do as herein provided, to proceed with
the erection, construction, reconstruction
or repair of the same by contract or in
such other manner as may be provided
by ordinance, and assess the cost thereof
against the property of such railroad
company or companies street railway
company, and such cost shall be valid
and subsisting lien against such property.
such company or companies in favor of
such city, and may be enforced and COL
lected by suit in any court having juris-
Sec. 2 That said section e21 of chapter
II of General Statutes of 1909 be and the
same is hereby repealed.
Sec. 9. This act shall take. effect and
be in force from and after its publica-
ton in the official state paper.
L hereby certify that the above bill orig
mated in the House, and passed that body
January q, 1911,
G. H. BUCHANAN.
Speaker of the House.
EARL AKERS,
Chief Clerk of the House.
Passed the Senate March 2, 1911.
RICHARD J. HOPKINS,
President of the Senate.
F. w. BRINKERHOFF,
Asst Secretary of the Senate.
Approved March z. 1911.
w. r. STUBS, Governor
State of Kansas,
Office of the Secretary of State.
I, Chas. H. Sessions, Secretary of State
of the State of Kansas, do hereby certify
that the above and foregoing is correct
copy of the original enrolled bill now on
file in my office.
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
ISealJ and affixed my official seal,
this It'll day of March 1911
CHAS. H. SESSIONS,
Secretary of State.
By J. T. BOTKIN,
Asst. Secretary of State.