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SEC. 97. b. [Bond.]-That the party appealing shall within sixty days after such assessment enter into an undertaking to the adverse party with at least one good and sufficient surety, to be approved by the county judge of such county; conditioned, first, that the appellant shall prosecute such appeal to effect without unnecessary delay; and second, that if judgment be adjudged against the appellant on the appeal, the appellant shall satisfy whatever judgment may be adjudged against such appellant [Id. § 2.]

SEC. 97. c. [Same-Summons.]-That the party appealing may file such undertaking in the office of the clerk of the appellate court within the time aforesaid, which undertaking filed shall be approved by such clerk; upon the filing and approv al of which undertaking the clerk shall issue a summons to the appellee to appear at the term of the court to which the appeal is returnable, which summons shall be served and returned in the time and manner as in cases commenced in the district court. [Id. § 3.]

SEC. 97. d. [Trial.]—That when the appeal is taken by filing the appeal undertaking with the clerk of the appellate court, and a summons and alias summons shall have been duly issued against the appellee and returned "not found," it shall be lawful for the appellate court to proceed and try the appeal the same as if the appellee had been duly served with the process. [Id. § 4.]

SEC. 97. e. [Transcript.]-That said county judge shall, on demand of the appellant, make out a certified transcript of all the proceedings of such assessment, including the undertaking, and such of all papers and files as relate to or are connected with the assessment or assessments appealed from, and shall, on demand, deliver the same to the appellant, or his, her, or its agent, who shall deliver the same to the clerk of the appellate court, to which such appeal may be taken, on or before the first day of the next term of such appellate court. [Id. § 5.]

SEC. 97. f. [Same-Filing.]-That if such appeal shall be taken within less than twenty days next preceding said first day of said next term of appellate court, this said transcript shall be filed with said clerk on or before the first day of the next succeeding term of said appellate court. [Id. § 6.]

SEC. 97. g. [Docketing cause-Proceedings.]-That said clerk, on receiving such transcript and other papers as aforesaid, shall file the same and docket the appeal; the owner of the land shall be the plaintiff in the appellate court, and the railroad company the defendant, and the parties shall proceed in all subjects in the same manner as though the action had been originally instituted in such appellate court. Id. § 7.]

SEC. 97. h. [Joinder of causes of action.]-That assessments made for the same right of way for the same railroad company, upon different tracts of lands belonging to the same owner or owners in the same right, may be joined in one appeal and proceeded with in the appellate court as separate counts joined in one action for damage to such tracts of land, for or on account of such right of way. [Id. § 8.]

SEC. 97. i. [Pending costs.]-That this act shall not apply to any such assessments heretofore made. [Id. § 9.]

SEC. 98. [Commissioners shall assess damages to all real property.]-Freeholders so appointed shall be the commissioners to assess all damages to the owners of real estate in said county; and said corporation may, at any time after their appointment, upon the refusal of any owner or guardian of any owner of lands in said county to grant the right of way as aforesaid, by giving the said owner or guardian ten days notice thereof in writing, either by personal service or by leaving a copy thereof at his usual place of residence, have the damages assessed in the manner herein before prescribed.

SEC. 99. [Completion of panel-Fees.]—In case of the death, absence, or refusal or neglect of any of said freeholders to act as commissioners as aforesaid, the sheriff shall, upon the selection of said probate judge, summon other freeholders to complete

the panel, and said commissioners shall proceed as directed in the preceding section. Said commissioners shall receive two dollars per day, each, for their services, and the same shall be taxed in the bill of costs.

SEC. 100. [Non-residents' lands.]-If, upon the location of said railroad, it shall be found to run through the lands of any non-resident owner, the said corporation may give four weeks notice to such proprietor, if known, and if not known, by a description of such real estate, by publication four consecutive weeks in some newspaper published in the county where such lands may lie, if there be any, and if not, in one nearest thereto on the line of their said road, that said railroad has been located through his or her lands; and if such owner shall not within thirty days thereafter apply to said probate judge to have the damages assessed in the mode prescribed in the preceding sections, said company may proceed, as herein set forth, to have the damages assessed, subject to the same right of appeal as in case of resident owners; and upon the payment of the damages assessed to the probate judge of the proper county for such owner, the corporation shall acquire all rights and privileges mentioned in this subdivision.

SEC. 101. [Crossings.]-Any railroad corporation may raise or lower any turnpike, plank road, or other way, for the purpose of having their railroad pass over or under the same; and in such cases said corporation shall put such turnpike, plank road, or other way, as soon as may be, in good repair.

SEC. 102. [Same.]-Every railroad corporation, while employed in raising or lowering any turnpike or other way, or in making any other alterations, by means of which the said way may be obstructed, shall provide and keep in good order suitable temporary ways to enable travelers to avoid or pass such obstructions.

SEC. 103. [Bridges.]--Every railroad corporation shall maintain and keep in good repair all bridges, with their abutments, which such corporation shall construct for the purpose of enabling their road to pass over or under any turnpike, road canal, water course, or other way.

SEC. 104. [Bell and whistle.]-A bell of at least thirty pounds weight or a steam whistle shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where the said railroad shall cross any other road or street, and be kept ringing or whistling until it shall have crossed said road or street, under a penalty of fifty dollars for every neglect, to be paid by the corporation owning the railroad, one-half thereof to go to the informer, and the other half to this state, and also be liable for all damages which shall be sustained by any person by reason of such neglect.

SEC. 104. a. [Crossing other railroads.]-All railroad trains and locomotives without trains shall come to a full stop at least two hundred feet and not more than eight hundred feet from the crossing of the other railroads, and the engineer shall sound two long blasts of the whistle before starting forward, except where said railroads maintain a semaphore and gate with torpedo attachment, and when the signals indicate the crossing to be clear no stop need be made. [1889, § 1, chap. 41.]

SEC. 104. b. [Rights at crossings.]-When trains or locomotives without trains approach a crossing simultaneously, the one on the older road shall have the right to cross first, and the last train to cross shall not start until the first train has cleared the crossing and signal indicates that track is clear. [Id. § 2.]

SEC. 104. c. [Penalty.]-Every engineer violating the provisions of the preceding section shall for each offense forfeit one hundred dollars, to be recovered in the name of the state of Nebraska for the benefit of the school fund; and the person, persons, or corporations on which road such offense is committed shall forfeit for each

SEC. 100. Cited 18 Neb. 85. Appraisement made nine months after date fixed in notice confers no jurisdiction. 21 Neb. 383.

SEC. 104. Cited 22 Neb. 479. 25 Id. 816.

SEC. 104. a.-c. An act to require all trains run upon railroads in this state to come to a full stop before crossing any other road, and to provide penalties for its violation. Took effect July 1, 1889. Laws 1889, chap. 41.

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offense so committed the sum of two hundred dollars to be recovered in like manner. [Id. § 3.]

SEC 104 d. [Name of stations.]-All railroad companies operating lines of railway in this state shall, on a petition signed by a majority of the legal votes of such city or village to the railroad company, call any station located in any city or village the same as the corporate name of said city or village, and the name thereof shall be prominently exposed to public view. [Laws 1891, chap. 18, § 1.]

Sec. 104 e. [Same-Penalty:]-Any railroad company failing to comply with the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than one hundred ($100) dollars nor more than five hundred ($500) dollars. [Id. § 2.]

SEC. 104 f. [Safety couplers to new or repaired cars.]-That it shall be unlawful for any corporation, company or person operating any line of railroad in this state; any car manufacturers or transportation company using or leasing cars to put in use in this state any new cars or any cars that have been sent into the shop or shops for general repairs, or whose draft rigging has to be repaired with a new draw-bar or bars, that are not equipped with safety or automatic couplers or draw bars such as shall not necessitate the going between the ends of the cars to couple or uncouple them. [Laws 1891, chap, 19, § 1.]

SEC. 104 g. [Couplers to all cars.]-That after January 1, 1895, it shall be unlawful for any corporation, company or persons operating a railroad or any transportation company using or leasing cars of any description and used in the commerce of the country; or in the construction of railroads to have upon any railroad in Nebraska for use in transportation of freight or passengers any car that is not equipped with such safety automatic coupler as provided for in section one (1) of this act. [Id. § 2.]

SEC. 104 h. [Drive brakes on engines.]-That it shall be unlawful for any corporation, company, or person operating any line of railroad in this state to use any locomotive engine upon any railroad or in any railroad yard in this state after the first (1st) day of January, 1892, that is not equipped with a proper and efficient power brake commonly called a "drive brake." [Id. § 3.]

SEC. 104. [Brakes.]—That it shall be unlawful for any corporation, company or person operating a line of railroad in this state, to run any train of cars after the first (1st) day of January, 1895, that shall not have in that train a sufficient number of cars with some kind of efficient automatic or power brakes so that the engineer upon the locomotive car can control the train without requiring brakemen to go between the ends or on the tops of the cars to use, as now, the common hand brakes [Id. § 4.]

SEC. 104j. [Report of brakes and couplers.]-Every railroad corporation, company or person operating a railroad in this state, and every person using or leasing cars in the transportation business, or in building railroads, shall, and are by this act required to include in their annual report to the state railroad commissioners the number of locomotive engines and cars used in this state, and what number is equipped with automatic power brakes and what number of cars equipped with automatic safety couplers and the kind of brakes and couplers used and the number of each kind when more than one is used. [Id. § 5.]

SEC. 104 k. [Violation of act-Penalty.]-Any corporation, company or person operating a railroad in this state, and using a locomotive engine or running a train of cars, or using any freight way, or car contrary to the provisions of this act, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than five hundred ($500.00) dollars, or not more than one thousand ($1,000.00) dollars, for each and every offense for the benefit of the school fund, provided the penalties on this section shall not apply to companies in hauling cars belonging to railroads other than those of this state which are engaged in interstate traffic, and any railroad employee who

SECS. 104 d-104 e. "An act to compel railroads to name their stations, the same as the city or village in which located, and to fix a penalty for a failure so to do." [Laws 1891, chap. 18. Took effect Aug. 1, 1891.]

SECS. 104 f-104 k. “An act requiring all railroads, corporations, companies, and persons operating a railroad and doing business in Nebraska to equip all engines and cars with proper, efficient and safe automatic couplers and brakes, and for prescribing penalties for failure thereof." [Laws 1891, chap. 19. Took effect Aug. 1, 1891.]

may be injured by the running of such engine, or train, or car, contrary to the provisions of this law shall not be considered as waving his rights to recover damage by continuing in the employ of such corporation, company or person running such engine or trains of cars contrary to this law. [Id. § 6.]

SEC. 105. [State lands.]-Any railroad corporation shall be authorized to pass over, occupy, and enjoy any of the school, university, saline, or other lands of this state; Provided, That no more than one hundred feet in width from the center of the roadway survey of such corporation, on either side, shall be taken for roadway, and not to exceed twenty acres, to conform to the subdivisions of the government survey, in any one tract for each section of twelve consecutive miles of such railroad, shall be taken for station, depot grounds, machine shops, turnouts, side-tracks, warehouses, and other appurtenances to a railroad; and that any railroad corporation that has surveyed or shall hereafter survey or locate a line of its road, immediately upon platting such survey of its line, and of the selection for depot grounds under this act, and filing such plat duly certified by the chief engineer or president of such corporation, of the fact of such survey and selec tion for depot grounds, duly acknowledged, with the secretary of state, and with the county clerk of the county in which such land is situated, to operate as a vested right in such corporation for two years from the date of filing the same, shall be authorized to enter upon said lands so surveyed and selected, and construct thereon all necessary railroad depot buildings, machine shops, turnouts, side-tracks, turn-tables, round-houses, and other appurtenances deemed necessary for railroad purposes by such corporation, and so soon as such railroad shail be constructed over such lands, so selected, and a station erected thereon, on proof of such fact, to the satisfaction of the governor, and upon paying the full value for said lands for depot station and workshop grounds, and all grounds herein contemplated, except the one hundred feet of trackway, the governor shall convey in fee simple by letters patent under the great seal of the state, attested by the secretary of state, to the corporation constructing such railroad, the lands and right of way included in the plat and certificate so filed with the secretary of state as aforesaid, and no subsequent grant from the state to any other person or corporation of any tract of land including such right of way and selection for depot grounds so platted, and the plat thereof filed as aforesaid, though not excepted in such grant, shall divest said railroad corporation of their rights in the same under this act; Provided further, That the damages accruing to any occupant or owner, or other person who may reside or have improvements on said land previous to the filing of such plat, shall be determined and paid by said railroad company as heretofore provided in this subdivision. [Amended 1869, 84.]

SEC. 106. [Crossings where persons own land on both sides.]When any person owns land on both sides of any railroad, the corporation owning such railroad shall, when required so to do, make and keep in good repair one causeway or other adequate means of crossing the same.

SEC. 107. [Passengers refusing to pay fare.]-If any passenger shall refuse to pay his fare, it shall be lawful for the conductor of the train and the servants of the corporation to put him and his baggage out of the cars, using no unnecessary force, at any place within five miles of any station.

SEC. 108. [Intoxication of employees.]-If any person shall, while in charge of a locomotive engine running upon the railroad of any such corporation, or while acting as the conductor of a car or train of cars on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned not less than six months nor more than one year, and be imprisoned until the fine is paid.

SEC. 109. [Repealed by G. S. 849.]

SEC. 110. [Company not liable to damages.]-In case any passenger on any railroad shall be injured while on the platform of a car while in motion, or in any baggage, wood, or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the

E 10. Lited 11 Neb. 596. Crossing construed as to passage for animals. 46 N. W. R. 842.

train, such company shall not be liable for the injury, provided said company furnished room inside its passenger cars sufficient for the accommodation of its passengers.

SEC. 111. [Liability as common carriers.]—Any railroad company receiving freight for transportation shall be entitled to the same rights and be subject to the same liabilities as common carriers. And whenever two or more railroads are connected together, the company owning either of said roads receiving freight to be transported to any place on the line of either of the roads so connected shall be liable as common carriers for the delivery of such freight to the consignee of said freight, in the same order in which such freight was shipped.

SEC. 112. [Liability of stockholders.]-Every stockholder of any railroad company shall be individually liable to the creditors of such company, to an amount equal to the amount unpaid on the stock held by him for all the debts and liabilities of such company until the whole of the capital stock held by him shall have been paid to the company; but in no other case shall the stockholders be individually liable for the debts of the corporation.

SEC. 113. [Crossing other railroads.]-Every railroad company shall have power to cross, intersect, join, and unite its railroad with any other railroad before constructed, at any point on its route and upon the grounds of such other railroad company, with the necessary turnouts, sidings, and switches, and other conveniences in furtherance of the objects of its connection. And every company whose railroad is or shall hereafter be intersected by any new railroad shall unite with the owners of such new railroad in forming such intersections and connections, and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections, the same shall be ascertained and determined by commissioners, to be selected as provided in this subdivision.

SEC. 114. [Roads in adjoining states.]-Every railroad company organized under the laws of this state shall have power to intersect, join, and unite its railroad or railroads with any railroad or railroads constructed or to be constructed in this state or in any adjoining state or territory, by any railroad company organized under the laws of any state or territory, at such point on the boundary line of this state and such adjoining state or territory or at such other point as may be mutually agreed upon between said companies, and all such railroad companies whose railroads are or may be connected at the boundary line of this state or at such other agreed point by bridge, transfer, ferry, or otherwise as to form practically a continuous line of railway over which cars may pass, are authorized to consolidate the stock of the respective companies, making one joint stock company thereof, and bringing the railroads thus connected under one management upon such terms as may be mutually agreed; Provided, No railroad company shall consolidate its stock, property, franchises, or earnings in whole or in part with any other railroad corporation owning or operating a parallel or competing line in this state. Articles stating the terms of such consolidation shall be approved by each company by a vote of the stockholders owning a majority of the stock in person or by proxy at either a regular annual meeting thereof, or at a special meeting called for that purpose by a notice of at least sixty days, stating the object of such meeting, to be addressed to each of such stockholders when their place of residence is known, and deposited in the postoffice and published for at least three successive weeks in one newspaper in at least one of the cities or towns in which each of said corporations has its principal business office, or by the consent in writing of such majority annexed to such

SEC. 111. The company cannot divest itself of its character as a common carrier by special agreement. 5 Neb. 122. And when it undertakes to carry property its relation as a common carrier is established, with the duties and obligations that grow out of it. Id.

SEC. 112. Where the amount due from each stockholder on account of subscriptions to capital stock equals or exceeds the demand of a creditor of the corporation, a joint judgment therefor may be rendered against all of the stockholders, who in such case are treated as partuers. 4 Neb. 559. But the liability of stockholders is not alone limited by this section. All the provisions of the next subdivision apply to railroads, and a non-compliance therewith renders stockholders in railroad corporations individually liable for corporate debts. 4 Neb 560. SEC. 114. Railroad incorporated under the laws of this state may consolidate with railroad company incorporated under the laws of anothe state. 25 Neb. 159.

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