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and the assessment paid into the city treasury, to the use of the owners of the property so injured by the corporation so appropriating such streets or roads, before such corporation shall have the right to lay any track or locate any depot over, under or upon such streets or roads.

Fourth-From time to time to borrow such sums of money as may be necessary for the construction, completion and furnishing or repairing of such station or depot, and to issue or dispose of their bonds for such amounts, at such 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 articles 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.

*46. Term and election of directors. 5. After the directors named in the articles of corporation 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 notices 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.

*47. No discrimination. § 6. There shall be no discrimination against or in favor of any railroad company using or desiring to use the 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. [Approved March 31, 1874. In force July 1, 1874.]

*48. Fencing tract-cattle-guards, etc. SEC. 1. Be it enacted by the People of the State of 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 crossings 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 railroad, which farm crossings shall be constructed by such corporation when and where the same may become 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 all road crossings

now existing or hereafter established, cattle-guards 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 when such fences or cattle-guards are not kept in good repair, such railroad corporations 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 the 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 willfully done.

[As amended by act approved May 29, 1879. In force July 1, 1879. L. 1879. P 224 L. 1805. p. 173. § i į Ind. & St. L. R. R. Co. v. Hall, 88 Ill. 368; T. P. & W. Ry. Co. v. Lavery, 71 Ill. 522; R. R. I. & St. L. R. R. Co. v. Phillips, 66 Ill. 552; Ewing v. C. & A. R. R. Co., 72 II. 25; R. R. I. & St. L. R. R. Co. v. Heflin, 65 Ill 548; Same v. Lynch, 67 Ill. 153; T. P. & W. R. R. Co. v. Pence, Ill. 174;. T. P. & W. R. R. Co. v. Pence, 68 Ill. 524; P. P. & J. R. R. Co. v. Barton, 80 III. 72; R. R. I. & St L. R. R. Co. v. Irish, 72 Ill. 405; T. W. & W R. R. Co. v. McGinnis, 71 Ill. 346; Same v. Barlow, 71 Ill. 641; Peoria & J. R. R. Co. v. Champ, 75 Ill. 578; T.. & W. R. R. Co. v. Johnston, 74 Ill. 83; P. & R. I. R. R. Co. v. McClenahan, 74 111. 435; St. L. J. & C R. R. Co. v. Kilpatrick, 61 Ill 457; T W. & W. R. 457 R. Co. v. Spangler, 71 Ill. 568; Same v. Chapin, 66 Ill. 504; C. & A. R. Co. v. Umphenour, 69 Ill. 198: C. B. & O. R. R. Co. v. Seiser, 60 ill. 295; G. C. & S. R. R. Co. v. Spencer, 76 Ill. 192; I. C. R. R. Co. v. Bull, 72 Ill. 537; P. C. & St. L. R. R. Co. v. Campbell, 86 Ill. 444;. & St. L. R. R. Co. v. Woosley, 85 Ill. 370. 49. Right of way clear of combustibles. S1. It shall be the duty of all railroad corporations to keep their right of way [*808] 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.

[I. & St. L. R. R. Co. v. Smith, 78 Ill. 113; Dimick v. C. & N. W. Ry. Co., 8o Ill 338; P. C. & St. L. Ry. Co. v. Campbell, 86 Ill. 444.

50. Allowing, etc., animal on right of way-breaking fence, etc. § 2. If any person shall ride, lead or drive any horse or other animal upon the track or lands of such railroad corporation, and within such fences or guards (except to cross at farm or road crossings), without the consent of 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 crossing open or down or shall leave horses or other animals standing upon farm or road crossings, he shall be liable to a penalty of not less than $10, nor more than $100, 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; C. & St. L. R. R. Co. v. Woosley, 85 Ill. 371 ; C. & A. R. R. Co. v. Engle, 84 Ill. 397; I. C. R. R. Co. v. Godfrey, 71 Ill. 500; 1. C. R. R. Co. v. Hall, 72 Ill 222.

51. When company neglects to build-notice. § 3. Whenever a railroad corporation shall neglect or refuse to build or repair such fence, gates, bars or farm crossings, as provided in this act, the

owner or occupant of the lands 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 lessees thereof, or the persons operating such railroad, to build such fence, gate, bars or farm crossings, within thirty days (or repair said fence, gate, bars or farm crossings, as the case may be, within ten days), 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 persons operating such railroad.

[L. 1869, p. 315, §1; Ind. & St. L. R. R. Co. v. Hall, 88 Ill. 368; C. & A. R. R. Co. v. Engle, 84 Ill. 397.

52. Adjoining owner may build and recover. § 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 railroad company, and may build or repair such fence, gates, bars or farm crossings, 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; Western U. R. R. Co. v. Fulton, 64 Ill. 272; Ind, & St. L. R. R. Co. v. Blackman, 63 Ill. 117; T. W. & W. Ry. Co. v. Jacksonville, 67 I. 37; C. B. & Q. R. R. Co. v. Haggerty, 67 11. 116; Same v. Van Patten, 64 Ill. 517; Same v. Dunn, 61 Ill. 387; L. C. R. R. Co. v. Benton, 69 Ill. 174; Chicago & N. W. Ry. Co. v. Hatch, 79 III. 137; R. R. I. & St. L. R. R. Co. v. Hillmer, 72 Ill. 235; T. P. & W. R. W. Co. v. Sieberns, 63 Ill. 217; 108 11. 304.

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53. Boards at crossings. $5. Every railroad corporation shall cause boards, well supported by posts or otherwise, to be placed and constantly maintained upon each public road or street, where the same s crossed by its railroad on the same level. Said boards shall be elevated so as not to obstruct the travel, and to 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.

54. Bell and whistle - crossings. § 6. Every railroad corporation shall cause a bell of at least thirty 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 the distance of at least eighty 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; Peoria, P. & I R. R. Co. v. Siltman, 88 Ill. 529; I. C. R. R. Co. v. Modglin, 85 Ill. 481; C. B. & Q. R. R. Co. v. Dameneli, 81 II. 450.

55. Killing stock - frightening team. § 6. Any engineer, or person having charge of and running any railroad engine or [*809] locomotive, who shall wilfully or maliciously kill, wound or disfigure any horse, cow, mule, hog, sheep or other useful animal, shall, upon conviction, be finec in the sum of not less than the 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 ten dollars nor more than fifty dollars. [See "Criminal Code," ch. 38, § 191.

56. Starting train without signal. § 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 whistle a reasonable time before starting, he shall forfeit a sum not less than ten dollars nor more than one hundred dollars, 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.

57. Approaches at crossings. § 8. Hereafter, at all of the railroad crossings of highways and streets in this State, the several railroad corporations in this State shall construct and maintain said crossings, and the ap proaches 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; R. R. I. & St. Louis R. R. Co. v. Byam, 80 Ill. 531; R. R. I. & St. L. R. R. Co. v. Hillmer, 72 Ill. 235; People v. C. & A. R. R. Co., 67 I. 113; Illinois C. R. R. Co. v. Bloomington, 76 II. 447; C. R. I. & P. R. R. Co. v. Moffitt, 75 Ill. 524; I. C. R. R. Co. v. Bentley, 64 II. 433; T. W. & W. Ry. Co. v. Morrison, 71 Ill. 616.

58. Neglect to make, etc., crossings-notice. §9. Whenever any railroad corporation shall neglect to construct and maintain any of its crossings and approaches, as provided in section eight of this act, it shall 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.

59. When company neglects, authorities to construct, etc. 10. If any railroad corporation in this State shall, after having been notified, as provided in section nine of this act, neglect or refuse to construct, alter or repair such crossing or approaches within thirty days after such notice, then said public authorities shall forthwith cause such construction, alteration or repairs to be made.

60. Company to pay expense and one hundred dollars. § 11. Said railroad corporation shall be holden for all necessary expenses in. curred in making such construction, alteration and repairs, and in addition thereto shall be liable to a fine of one hundred dollars for such neglect to com ply 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.

*61. Draw bridge — railroad crossing, etc. -stop. § 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 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 1, 1885. L. 1885, p. 231. C. & A. R R. v. R.R. I. & St. L. R. R. Co., 72 Ill. 34; C., R. I. & P. R. R. Co. v. McKittrick, 7s Ill.

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*62. Penalty. § 13. Every engineer or other person having charge of such engine violating the provisions of the preceding section, shall be lia ble to a penalty of two hundred dollars for each offense, to be recovered in an action of debt in the name of the people of the State of Illinois, and the corpora

tion on whose road such offense is committed shall be liable to a penalty of not exceeding two hundred dollars, 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 any case for any offense committed more than sixty 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 shall in any way apply hereto.

[As amended by act approved June 19, 1885. In force July 1, 1885. L. 1885, p. 231. Un. Mut. L. Ins. Co. v. Frear Stone Manuf. Co., 97 Ill. 537; Sawyer v. Hoag, 17 Wall. (U. S.) 610.

*62a. Railroads crossing on same level-requirements. SEC. 1. 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, 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 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 or fixtures, for such crossing, 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 the engines and trains of any such railroad or railroads to pass over sald crossing 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 hereto, are hereby declared not to be applicable in such case: Provided, that the said railroad and warehouse commissioners shall have power in case such interlocking system, in their Judgment, shall by experience prove to be unsafe or impracticable, to order the same to be discontinued. [Act approved June 3, 1887. In force July 1, 1887. L. 1887, p. 252.

*62b. Civil engineer to examine system-compensation. 2. The said railroad and warehouse commissioners may appoint a competent civil engineer to examine such proposed system and plans, and report the result of such examination for the information of such railroad and warehouse commissioners; and said railroad and warehouse commissioners are hereby authorized to allow and reward five dollars per day as a compensa. tion for the services of such civil engineer, or such reasonable sum as such commissioner shall deem fit, and to allow and reward such other and further sums, as they shall deem it to pay all other fees, costs and expenses to arise under said application, to be paid by the railroad company or companies in interest, to be taxed and paid or collected as in other cases. And the said railroad and warehouse cominissioners are also empowered on application for their approval of any such system of interlocking and signals, works or fixtures, to require of the applicant security for such fees, costs and expenses, or the deposit in lieu thereof, of a suffcient amount in money for that purpose to be fixed by them." [Act approved June 3, 1887. In force July 1. 1887. L. 1887, p. 252.

63. Not to obstruct highway. § 14. No railroad corporation

shall obstruct any public highway by stopping any train upon, or by leaving any car

or locomotive engine standing on its track, where the same intersects or crosses such [*810] public highways, except for the purpose of receiving or discharging passengers, orto receive the necessary fuel and water, and in no case to exceed ten minutes for each train, car or locomotive engine.

[T. W. & W. Ry. Co. v. People, 81 Ill. 142; Peoria, etc., R. Co. v. Lyons, 9 Bradw. 350. Stoning, etc., train. Any person who shall throw any stone

or other hard substance at any railroad car, train or locomotive, shail be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not more than two hundred dollars, and shall stand committed to the county Jail until such fine and costs shall be paid.

64. Penalty. $15. Every engineer or conductor violating the provisions of the preceding section shall, for each offense, forfeit the sum of not less than ten dollars nor more than one hundred dollars, to be recovered in an action of debt, in the name of the people of the State of Illinois, for the use of any person who may sue for the same, and the corporation on whose road the offense is committed shall be liable for the like sum. [T.. W. & W. Ry. Co. v. People, 81 Ill. 142.

65. Minors to keep off cars. § 17. No person or minor shall

climb, jump, step, stand upon, cling to, or in any way attach himself to any locomotive engine or car, either stationary or in motion, upon any part of the track of any railroad, unless in so doing he shall be acting in compliance with law, or by permission, under the lawful rules and regulations of the corporation then owning or managing such railroad.

66. Railroad agent, etc., to make complaint. § 18. Whenever any officer, agent or employe of any railroad corporation

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