Page images

payable: Provided, however, That either party shall have Proviso.
the right of appeal, within the said thirty days, from the Appeal.
award of the jury, as novo provided by law. If the corpo-
ration seeking to use said turnpike road or portion thereof
shall be dissatisfied with such award, and shall appeal
therefrom, it shall nevertheless have the right to imme-
diately use the same, upon paying the amount of such
award into court, to await the determination of such ap-
peal. If such turnpike company shall appeal from such
award, the corporation seeking to use such turnpike road,
or portion thereof, shall enter security in such amount as
the said court shall direct and approve; whereupon, such
security being entered, the company so entering the same Security.
shall have the right to the immediate use of such turn-
pike, turnpikes, or portions thereof.
APPROVED—The 3d day of May, A. D. 1905.


No. 231.


Authorizing contracts between cities, boroughs, and townships,

of the one part, and street passenger railway companies and motor power companies, of the other part; providing for the keeping of certain streets free from street railway tracks, by permitting the temporary relocation or abandonment of tracks already laid, or the postponement of the laying of tracks duly authorized, while preserving the rights of such company to resume the exercise of its said franchises upon the termination or breach of such contract.

Section 1. B it enacted, &c., That in case the local cities, boroughs authorities of any city, borough, or township shall

Street railway deem it necessary for the public benefit and conven

companies, ience to secure the removal of any street railway Removal of tracks already laid, or prevent the laying of such tracks, etc. tracks already authorized to be laid, or to change the route of any street railway on any street or streets, or portion of a street or streets, within its corporate limits, and such purpose or purposes can be accomplished by agreement with the street passenger rail. Agreement. way company or motor power company owning, leasing or operating such tracks, it shall and may be lawful for the said parties to enter into a contract, for Contract. a period not exceeding fifty years, for such considera tions and upon such terms and conditions, and containing such stipulations, reservations and covenants as may be agreed upon between the respective parties thereto; and such contract may include a covenant Covenant. providing that, during the continuance thereof, munieipal consent shall not be granted to any other company to use or occupy the street, streets, or portions of a street or streets, covered by such contract, for street railway or passenger transportation purposes;

Contract shall form part of charter.

Shall not divest

which covenant shall be enforceable by bill in equity against such city, borough, or township, in case of at

tempted breach thereof; and such contract may also Laying or relay- provide for the laying or relaying of such tracks, upon ing of tracks.

such terms and under such contingencies and condi. tions as may be agreed upon. When such contract shall have been made, it shall form a part of the charter of the company, with like force and effect as to all its terms, conditions, stipulations, restrictions, covenants, and provisions as to change of routes as if the same formed a part of the original charter of such company; and no removal of tracks already laid, or postponement of or delay in the time of beginning or completing the work of laying tracks already authorized to be laid, and no change of route therein provided for, shall operate or be construed to deprive or

divest any such company, entering into such contract, rights, etc.

of any of the rights, franchises or privileges possessed by it at the time of entering into such contract, so as to operate in favor of any company subsequently formed and seeking to occupy, for street railway pur

poses, the street, streets, or portions of a street or Proviso.

streets, covered by such contract: Provided, however, That nothing in this act contained, nor any contract made in pursuance thereof, shall be construed to limit or affect in any way, or impose any additional liability for the exercise of, the right of a steam railroad company to lay its tracks over, upon, under, and across such street or streets, or portions thereof.

Section 2. All laws and portions of laws, whether special or general, in so far as the same may be inconsistent herewith, are hereby repealed. APPROVED—The 3d day of May, A. D. 1905.



No. 232.

Railroad corporations.

To empower railroad companies to change the location and

grade, or either, of bridges and their approaches belonging to
bridge corporations, to accommodate the location and con-
struction of their railroad, or the changing, relocating, wid-
ening, straightening, or improvement thereof.

Section 1. Be it enacted, &c., That it shall be lawful for any railroad company of this Commonwealth, whenever in the location and construction of its railroad, or in the relocation, widening, or improvement thereof by elevation or depression, or otherwise, it shall, in the judgment of its directors, be necessary, either to avoid grade crossings or to accommodate the scope and purpose of the railroad construction, to



or rights.


change the location of, or to depress or elevate, in Change of locawhole or in part, any bridge and its approaches be- bridges and aplonging to any bridge corporation of this Commonwealth, in such manner as to interfere as little as possible with the convenient use of such bridge and its approaches: Provided, however, That the whole ex- Proviso. pense of any such change of location or elevation Expense. shall be borne and defrayed by the railroad company; and, further, that the railroad company shall be liable for all losses and damages which the bridge company Losses and may suffer, or be subjected to, by reason of any such change of location or elevation.

Section 2. That if any additional lands or rights, or Additional lands easements therein, or materials are necessary or required by such railroad company, in making the change of location, or depression or elevation, of any such bridge or its approaches, hereinbefore authorized, such railroad company is hereby authorized to enter upon, take and appropriate the same.

Section 3. That before such railroad company shall enter upon or take possession of any such bridge and approaches, or any such land or materials, it shall make ample compensation to such bridge corporation, compensation or or owner or owners, or give adequate security therefor, as in this section provided. Where the party or parties cannot agree upon the amount of damages claimed, or, by reason of the absence or legal incapacity of any such owner or owners, no such agree. ment can be made, such railroad company shall tender a bond, with at least two sufficient individual sure. Bond. ties or one corporate surety, to the party claiming or entitled to any damages, or to the attorney or agent of any person absent, or to the guardian or committee of any one under legal incapacity; the condition of which shall be, that such company shall pay or cause to be paid such amount of damages as the party shall be entitled to receive, after the same shall have been agreed upon by the parties, or assessed in the man. ner provided for by this act: Provided, That in the case Proviso. the party or parties claiming damages refuse to, or do not, accept the bond, as tendered, such railroad company shall then give the party a written notice of the time when the same will be presented for filing in court; and thereafter such railroad company may present said bond to the court of common pleas of the county in which such bridge or approaches, or the additional lands or materials necessary or required in making the change of location or elevation of such bridge or its approaches, are situated; and if the bond and sureties or surety are approved, the bond shall be filed in said court, for the benefit of those interested; and recovery may be had thereon for the amount of damages assessed, if the same be not

[ocr errors]



To be sworn.

paid, or cannot be made by execution on the judg
ment in the issue formed to try the question.

Section 4. That when such railroad company cannot
agree with the bridge company, or with the owner or
owners of any lands or materials, for the compensa-
tion proper for the damage done, or likely to be done
to, or sustained by, the bridge company, or by the
owner or owners of the lands or materials which the
railroad company may enter upon, use, appropriate,
or take away, in pursuance of the authority herein-
before given, the court of common pleas of the proper
county, on application thereto by petition either by
said railroad company or said bridge company, or
such owner or owners, as the case may be, or any one
in behalf of either, shall appoint seven discreet ant
disinterested freeholders, of said county, neither of
whom shall be residents or owners of property upon
or adjoining the line of such railroad, and appoint a
time, not less than twenty nor more than thirty days
thereafter, for said viewers to meet, at or upon the
premises where the damages are alleged to be sus-
tained, of which time and place ten days' notice shall
be given by the petitioner to the said viewers and
the other party; and the said viewers, or any five of
them, having been first duly sworn or affirmed faith-
fully, justly, and impartially to decide and true report
to make concerning all matters and things to be sub-
mitted to them, and in relation to which they are au-
thorized to inquire, in pursuance of the provisions of
this act, and having viewed the premises, they shall
estimate and determine the damages sustained by
the said bridge company, or the quantity, quality, and
value of said lands so taken or occupied, or to be so
taken or occupied, or the materials so used or taken
away, as the case may be; and having due regard to,
and making just allowance for, the advantages which
may have resulted, or which may seem likely to result.
to the said bridge company, or the owner or owners of
said land or materials, in consequence of the change of
location or eleration of said bridge and its ap-
proaches; and, after having made a fair and just com-
parison of said advantages and disadvantages, they
shall estimate and determine whether any and, if any,
what amount of damages has been or may be sus-
tained, and to whom pa vable, and make report thereof
to the said court; and if any damages be awarded, and
the report be confirmed by the said court, judgment
shall be entered thereon; and if the amount thereof
be not paid within thirty days after the entry of such
judgment, execution may then issue thereon, as in
other cases of debt, for the sum so awarded; and the
cost and expenses incurred shall be defrayed by the
said railroad company; and each of said viewers shall








be entitled to one dollar and fifty cents per day, for Compensation of every day necessarily employed in the performance of the duties herein prescribed, to be paid by such railroad company

The viewers herein before provided for may be appointed before or after the entry upon the said bridge and its approaches, or the said land or materials; and upon the report of said viewers, or any five of them, being filed in said court, either party, within thirty days thereafter, may file its, his, her, or their appeal from said report, to the said court; after such appeal either party may put the cause at issue, Appeal. in the form directed by said court, and the same shall then be tried by said court and a jury; and after final judgment either party may have a writ of error there. Trial. to from the Supreme Court, in the manner prescribed in other cases.

The said court shall have power to order what notices shall be given connected with any part of the proceedings, and may make all such orders Notices. connected with the same as may be deemed requisite. If any exceptions be filed, with any appeal, to the proceedings, they shall be speedily disposed of, and, if Exceptions. allowed, a new view shall be ordered, and, if disallowed, the appeal shall proceed as before provided. APPROVED—The 4th day of May, A. D. 1905.


No. 233.

AN ACT Entitled a supplement to an act, entitled "An act to establish a Department of Agriculture, and to define its duties, and to provide for its proper administration," approved the thirteenth day of May, Anno Domini one thousand eight hundred and ninety-five; providing for the appointment of an assistant economic Zoologist, and a stenographer, and messenger for the Economic Zoologist. Section 1. Be it enacted, &c., That in addition to the Division of

Zoology. officers provided for by the act to which this is a supplement, there shall be appointed by the Governor, for the term of four years, an Assistant Economic Assistant, stenogZoologist, at an annual salary of sixteen hundred dol. rapher and meslars ($1,600); a stenographer, at salary of nine hundred dollars, and one messenger, at a salary of nine hundred dollars a year. APPROVED-The 4th day of May, A. D. 1905.



« PreviousContinue »