Lapas attēli
PDF
ePub

Fencing and operating railroads. prices as they shall think proper, and to mortgage their corporate property and franchises for the purpose of securing the same.

Fifth-To open, from time to time, books of subscription to the remainder of the capital stock not taken by the subscribers to the articies of association. The General Assembly shall have power to enact, from time to time, laws to prevent and correct abuses and to prevent unjust discrimination and extortions in the management and prosecution of the business of any corporation formed under this Act and to enforce such laws by adequate penalties.

60. § 5. After the directors named in the articles of incorporation shall have served for one year, there shall be an annual election of directors, to be conducted in the manner prescribed in the Constitution of this State; the directors so elected shall serve for the ensuing year, and notice of such election, appointing a time and place, shall be given by the directors as originally constituted for the first annual election, and thereafter by their successors in office, which notice shall be published not less than twenty days previous thereto in some newspaper published in the English language, in the city, town or place in which said station or depot is located.

Terms and election of officers.

No discrimin

61. § 6. There shall be no discrimination against or in favor of any railroad company using or desiring to use the ation. said union depot, but the terms, conditions and regulations adopted for the use of the same shall be, so far as practicable, uniform, and apply alike to all railroads using or desiring to use said union depot.

FENCING AND OPERATING RAILROADS.

AN ACT in relation to fencing and operating railroads. in force July 1, 1874.

[Approved March 31, 1874;

62. 1. Be it enacted by the People of the State of Fencing track. § I. Illinois, represented in the General Assembly: That every railroad corporation shall, within six months after any part of its line is open for use, erect and thereafter maintain fences on both sides of its road or so much thereof as is open for use, suitable and sufficient to prevent cattle, horses, sheep, hogs or other stock from getting on such railroad, except at the crossing of public roads and highways, and within such portion of cities and incorporated towns and villages as are or may be hereafter laid out and platted into lots and blocks with gates or bars, at the farm crossings of such railroads, which farm crossings shall be constructed by such corporation when and where the same may become

Right of way clear of

bles.

Fencing and operating railroads. necessary, for the use of the proprietors of the lands adjoining such railroads; and shall also construct, where the same has not already been done, and thereafter maintain at ail road crossings now existing or hereafter established, cattieguards suitable and sufficient to prevent cattle, horses, sheep, hogs and other stock from getting on such railroad; and when such fences or cattle-guards are not made as aforesaid, or where such fences or cattle-guards are not kept in good repair, such railroad corporation shall be liable for all damages which may be done by the agents, engines or cars of such corporation, to such cattle, horses, sheep, hogs or other stock thereon, and reasonable attorney's fees in any court wherein suit is brought for such damages, or to which same may be appealed; but where such fences and guards have been duly made and kept in good repair, such railroad corporation shall not be liable for any such damages, unless negligently or wilfully done. [As amended by Act approved May 29, 1879. In force July 1, 1879. L. 1879, p. 224; Legal News Ed., p. 170.

63. § 12. It shall be the duty of al [*808] railroad combusti- corporations to keep their right of way clear from all dead grass, dry weeds or other dangerous combustible material, and for neglect shall be liable to the penalties named in section I.

Allowing, etc.,

64. 2. If any person shall ride, lead or drive any animal on horse or other animal upon the track or lands of such ra lway, break-road corporation, and within such fences or guards (except ing fence, to cross at farm or road crossings) without the consent of

right of

tice.

the corporation; or shall tear down, or otherwise render insufficient to exclude stock, any part of such fence, guards, gates or bars—or shall leave the gates or bars at farm crossings open or down-or shall leave horses or other animals standing upon farm or road crossing, he shall be liable to a penalty of not less than $10.00, nor more than $100.00. to be recovered in an action of debt, before any court having competent jurisdiction thereof, in the name of such railroad corporation, and for the use of the school fund in the county and shall pay all damages which shall be sustained thereby to the party aggrieved. [L. 1855, p. 174, § 3.

When com65. 3. Whenever a railroad corporation shall neglect pany neg- or refuse to build or repair such fence, gates, bars or farm lects to build-No- crossings, as provided in this Act, the owner or occupant of the land adjoining such railroad, or over or through which the railroad track is or may be laid, may give notice, in writing, to such corporation, or the lessee thereof, or the persons operating such railroad, to build such fence, gates, bars or farm crossing within 30 days (or repair said fence, gate, bars or farm crossing, as the case may be, within ten days)

Fencing and operating railroads. after the service of said notice. Such notice shall describe the lands on which said fence, gates, bars or farm crossings are required to be built or repaired. Service of such notice may be made by delivering the same to any station agent of said railroad corporation or the person operating such railroad. [L. 1869, p. 315, § 1.

66. § 4. If the party so notified shall refuse to build or repair such fence, gates, bars or farm crossings, in accordance with the provisions of this Act, the owner or occupant of the land required to be fenced shall have the right to enter upon the land and track of said railway company, and may build or repair such fence, gates, bars or farm crossing, as the case may be, and the person so building or repairing such fence, gates, bars or farm crossings shall be entitled to double the value thereof from such corporation or party actually occupying or using such railroad, to be recovered, with interest at one per cent per month, as damages, from the time such fence, gates, bars or farm crossings were built or repaired, in any court of competent jurisdiction, together with costs, to be taxed by the court. [L. 1869, p. 315, § 2.

Adjoining

owner may build and

recover.

crossings.

67. 5. Every railroad corporation shall cause boards, Boards at § well supported by posts or otherwise, to be placed and constantly maintained upon each public road or street, where the same is crossed by its railroad on the same level. Said boards shall be elevated so as not to obstruct the travel and be easily seen by travelers. On each side of said boards shall be painted in capital letters, of at least the size of nine inches each, the words, "Railroad crossing," or "Look out for the cars." This section shall not apply to streets in cities or incorporated towns or villages, unless such railroad corporation shall be required to put up such boards by the corporate authorities of such cities, towns or villages: Provided, that when warning boards have already been erected, under existing laws, the maintenance of the same shall be a sufficient compliance with the requirements of this section. [2d L. 1849. p. 32, § 39.

whistle crossings.

68. § 6. Every railroad corporation shall cause a bell Bell and of at least 30 pounds weight, and a steam whistle placed and kept on each locomotive engine and shall cause the same to be rung or whistled by the engineer or fireman, at a distance of at least 80 rods from the place where the railroad crosses or intersects any public highway, and shall be kept ringing or whistling until such highway is reached. [L. 1869, p. 308, § 1.

Killing stock,

ing team.

69. 62. Any engineer [*809] or person having charge of and running any railroad engine or locomotive, frightenwho shall wilfully or maliciously kill, wound or disfigure any horse, cow, mule, hog, sheep or other useful animal, shall upon conviction, be fined in the sum not less than the

Starting trains without signal.

Approaches ings.

at cross

Neglect to

crossings, notice.

Fencing and operating railroads. value of the property so killed, wounded or disfigured, or confined in the county jail for a period of not less than ten days; and any such engineer or fireman, or other person who shall wantonly or unnecessarily blow the engine whistle, so as to frighten any team, shall be liable to a fine of not less than $10 nor more than $50. [See "Criminal Code," ch. 38, § 191.

70. § 7. If any engineer on any railroad shall start his train at any station, or within any city, incorporated town or village, without ringing the bell or sounding the whistie a reasonable time before starting, he shall forfeit a sum of not less than $10 nor more than $100, to be recovered in an action of debt in the name of the People of the State of Illinois, and such corporation shall also forfeit a like sum, to be recovered in the same manner.

71. § 8. Hereafter at all the railroad crossings or highways and streets in this State, the several railroad corporations in this State shall construct and maintain said crossings, and the approaches thereto, within their respective rights of way, so that at all times they shall be safe as to persons and property. [L. 1869, p. 312, § 1.

72. § 9. Whenever any railroad corporation shall make etc, neglect to construct and maintain any of its crossings and approaches, as provided in section 8 of this Act, it shali be the duty of the proper public authorities having the charge of such highways or streets to notify, in writing, the nearest agent of said railroad corporation of the condition of said crossing or approaches, and direct the same to be constructed, altered or repaired in such manner as they shall deem necessary for the safety of persons and property.

When

Pany

com

lects, au

[ocr errors]

73. 10. If any railroad corporation of the State shall, after having been notified, as provided for in section 9 of thorities to this Act, neglect or refuse to construct, alter or repair such crossings or approaches within 30 days after such notice, then said public authorities shall forthwith cause such construction, alteration or repairs to be made.

construct,

etc.

Company to

pay expense and $100.00.

Drawbridge, railroad crossings,

etc., stop.

[ocr errors]

74. II. Said railroad corporation shall be holden for all necessary expenses incurred in making such construction, alteration and repairs, and in addition thereto shall be liable to a fine of $100 for such neglect to comply with the requirements of this Act, which fine shall be enforced by the said public authorities, in the name of the People of the State of Illinois, before any court of competent jurisdiction in the county. Such fine, when collected, to be paid into the treasury of the authorities enforcing the fine.

75. § 12. All trains running on any railroad in this State, when approaching a crossing with another railroad upon the same level, or when approaching a swing or draw

Fencing and operating railroads.

bridge, in use as such, shall be brought to a full stop before reaching the same, and within eight hundred (800) feet therefrom, and the engineer or other person in charge of the engine attached to the train shall positively ascertain that the way is clear and that the train can safely resume its course before proceeding to pass the bridge or crossing. [As amended by Act approved June 19, 1885. In force July I, 1885. L. 1885; Legal News Ed., p. 177.

76. § 13. Every engineer or other person having Penalty. charge of such engine, violating the provisions of the preceding section, shall be liable to a penalty of $200 for each offense, to be recovered in an action of debt in the name of the People of the State of Illinois, and the corporation on whose road such offense is committed shall be liable to a penalty of not exceeding $200, to be recovered in like manner, the amount so recovered to be paid into the treasury of the county in which the offense occurs, but no recovery shall be had in case for any offense committed more than 60 days prior to the commencement of the action. The provisions of this and of the preceding section shall extend to and govern all cases of neglect or failure to stop the train as required by law before passing any bridge or railroad crossing, whether occurring before or after the said provisions shall take effect, and no Act or part of an Act inconsistent with such operation and effect being given to this law shail in any way apply hereto. [As amended by Act approved June 19, 1885; in force July 1, 1885. L. 1885; Legal News Ed., p. 178.

76a. § I. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That when and in case two or more railroads crossing each other at a common grade, or any railroad crossing any stream or harbor by swing or drawbridge shall, by a system of interlocking and automatic signals, or by other works, fixtures and machinery to be erected by them, or either of them, render it safe for engines and trains to pass over such crossing or bridge without stopping, and such system of interlocking and signals, works or fixtures shall first be approved by the Railroad and Warehouse Commissioners, or any two of them, and a plan of such interlocking and signals, works and fixtures for such crossings designating the plan of crossing shall have been filed with such Railroad and Warehouse Commissioners, then and in that case, it is hereby lawful for engines and trains of any such railroad or railroads to pass over said crossings or bridge without stopping, any law, or the provisions of any law, now in force to the contrary notwithstanding; and all such other provisions of laws contrary thereto are hereby declared not to be applic

Two or more railroads

crossing each other on same

level; requirements.

« iepriekšējāTurpināt »