318. Right of Way-How Obtained. § 2. If any such corporation shall be unable to agree with the owner for the purchase of any real estate required for the purposes of its incorporation or the transaction of its business, or for its depots, station buildings, engine houses, or for right-of-way, or any other lawful purpose connected with or necessary to the construction, maintenance and operation of said elevated way or conveyor, such corporation may acquire such title in the manner that may be now or hereafter provided for by any law of eminent domain. 319. May Take Material-Compensation. § 3. Any such corporation may, by their agents and employees, enter upon and take from any land adjacent to its way, or road, or conveyor, earth gravel, stone or other material, except fuel and wood, necessary for the construction of such elevated way, paying, if the owner of such land and the said corporation can agree thereto, the value of such material taken, and the amount of damage occasioned to any such land or its appurtenances; and if such owner and corporation cannot agree, then the value of such material and the damage occasioned to such real estate shall be ascertained, determined and paid in the manner that may now or hereafter be provided by any law of eminent domain; but the value of such material, and the damages to such real estate, shall be ascertained, determined and paid for before such corporation can enter upon and take the same. 320. Capital Stock-Increase of. § 4. In case the capital stock of any such corporation shall be found insufficient for constructing and operating its elevated way or conveyor, such corporation may, with the concurrence of two-thirds, in value, of all its stock, increase its capital stock, from time to time, to any amount required for the purpose aforesaid. § 5. Every corporation formed under this Act shall, in addition to the powers hereinabove conferred, have power First-To cause such examination and survey for its proposed elevated way to be made as may be necessary to the selection of the most advantageous route; and for this purpose, by its officers, agents or servants, may enter upon the lands or waters of any person or corporation, but subject to responsibility for all damages which shall be occasioned thereby. Second-To lay out a strip of land, not exceeding sixty-six feet in width, on which to construct, maintain and operate said elevated way or conveyor; and for the purpose of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the elevated way; to cut down any standing trees that may be in danger of falling upon and injuring such way, making compensation therefor in manner provided by law. Third-To construct its way across, along or upon any stream of water, water-course, street, highway, plank-road, turnpike, canal or railroad, which the route of such elevated way shall intersect or touch; but such corporation shall restore the stream, water-course, street, highway, plank road, turnpike and railroad thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness, and keep such crossing in repair: Provided, that in no case shall any company construct its way without first constructing the necessary culverts and sluices, as the natural lay of the land requires for the necessary drainage thereof. Nothing in this Act contained shall be construed to authorize the erection of any bridge, or any other obstruction, across or over any stream navigated by steamboats, at the place where any bridge or other obstruction may be proposed to be placed, so as to prevent the navigation of such stream; nor to authorize the construction of any elevated way or conveyor upon or across any street in any city, or incorporated town, or village, without the assent of the corporation of such city, town or village; Provided, that in case of the construction of said elevated way or conveyor along highways, plank roads, turnpikes, canals or railroads, such company shall either first obtain the consent of the lawful authorities having control or jurisdiction of the same, or condemn the same under the provisions of any eminent domain law, now or hereafter in force in the State. 471. NOTE.-See Doane v. Lake St. Elevated R. Co. 165 Ill. 510, Affg. 60 Ill. App. XXVII. USE OF STREETS, ETC., BY ELEVATED RAILROADS. AN ACT in regard to the use of streets and alleys in incorporated cities and villages by elevated railroads and elevated ways and conveyors. [Approved June 18, 1883. In force July 1, 1883. L. 1883, p. 126.] (Hurd's Revised Statutes, 1917, Ch. 32, Secs. 73-75.) 322. Petition of Land Owners. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no person or persons, corporation or corporations, shall construct or maintain any elevated railroad or any elevated way or conveyor to be operated by steam power, or animal power or any other motive power, along any street or alley in any incorporated city or village, except by the permission of the city council or board of trustees of such city or village, granted upon a petition of the owners of the lands representing more than one-half of the frontage of the street or alley, or of so much thereof as is sought to be used for such elevated railroad or elevated way or conveyor; and the city council, or board of trustees, shall have no power to grant permission to use any street or alley, or part thereof, for any of the purposes aforesaid, except upon such petition of land-owners as is herein provided for. 323. When Street More Than One Mile. § 2. When the street or alley, or part thereof, sought to be used for any of the purposes aforesaid, shall be more than one mile in extent, no petition of land owners shall be valid for the purposes of this Act, unless the same shall be signed by the owners of the land representing more than one-half of the frontage of each mile and fractional part of a mile, of such street or alley or of the part thereof sought to be used for any of the purposes aforesaid. 324. Repeal. § 3. All Acts and parts of Acts inconsistent herewith are hereby repealed. NOTE.-See Doane v. Lake St. Elev. R. Co. 165 Ill. 510, Affg. 60 Ill. App. 471; Bond v. Pennsylvania Co., 171 Ill. 508, Revg. 69 Ill. App. 507; Pennsylvania Co. v. Bond, 99 Ill. App. 535 Affd. 202 Ill. 95; See also Aldrich v. Metropolitan W. Side Elv. R. Co., 195 Ill. 456; etc. AN ACT to fix liability of common carriers receiving property for transportation. [Approved March 27, 1874. In force July 1, 1874.] (Hurd's Revised Statutes, 1917, Ch. 27, Sec. 1.) 325. Common Law Liability of Carrier. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever any property is received by a common carrier, to be transported from one place to another, within or without this State, it shall not be lawful for such carrier to limit his common law liability safely to deliver such property at the place to which the same is to be transported, by any stipulation or limitation expressed in the receipt given for such property. NOTE. See Coats v. Chicago, R. I. & P. R. Co. 144 Ill. App. 81 Revd. 239 Ill. 154; Ellison v. Adams Exp. Co. 245 Ill. 410, Revg. 152 Ill. App. 1; Baltimore & Ohio S. W. R. Co. v. Ross, 105 Ill. App. 54; etc. XXVIII. UNIFORM BILLS OF LADING ACT. AN ACT in regard to bills of lading and to create, define and punish certain criminal offenses in relation thereto. [Approved June 5, 1911. In force July 1, 1911. L. 1911, p. 227.] (Hurd's Revised Statutes, 1917, Ch. 27, Secs. 2-57.) 326. Bills of Lading Issued by Common Carrier. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Bills of lading issued by any common carrier shall be governed by this Act. NOTE. See Gamble-Robinson Comm. Co. v. Deleware, L. & W. R. Co. 169 Ill. App. 319, etc. 327. What Bill Must Embody. § 2. (a) Every bill must embody within its written or printed terms: (b) The name of the person from whom the goods have been received, (c) (d) (e) The place to which the goods are to be transported, A statement whether the goods received will be delivered to a specified person, or to the order of a specified person. (f) A description of the goods or of the packages containing them which may, however, be in such general terms as are referred to in section 23, and (g) The signature of the carrier. A negotiable bill shall have the words "order of" printed thereon immediately before the name of the person upon whose order the goods received are deliverable. A carrier shall be liable to any person injured thereby for the damage caused by the omission from a negotiable bill of any of the provisions required in this section. NOTE..-See Shafton Co., v. St. Louis, I. M. & S. Ry. Co. 174 Ill. App. 121. 328. What Insertions Permitted in Bill. § 3. A carrier may insert in a bill issued by him, any other terms and conditions, provided that such terms and conditions shall not (a) Be contrary to law or public policy, or (b) In any wise impair his obligation to exercise at least that degree of care in the transportation and safe-keeping of the goods entrusted to him which a reasonably careful man would exercise in regard to similar goods of his own. 329. Non-Negotiable or Straight Bill Defined. § 4. A bill in which it is stated that the goods are consigned or destined to a specified person, is a non-negotiable or straight bill. 330. Negotiable or Order Bill Defined. § 5. A bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill, is a negotiable or order bill. Any provision in such a bill that it is non-negotiable shall not affect its negotiability within the meaning of this Act. 331. Negotiable Bills Not to be Issued in Parts-Liability. § 6. Negotiable bills issued in this State for the transportation of goods to any place in the United States on the continent of North America, except Alaska, shall not be issued in parts or sets. If so issued the carrier issuing them shall be liable for failure to deliver the goods described therein to any one who purchases a part for value in good faith, even though the purchase be after the delivery of the goods by the carrier to a holder of one of the other parts. 332. Negotiable Bill in Duplicate-How Indicated. $ 7. When more than one negotiable bill is issued in this State for the same goods to be transported to any place in the United States on the continent of North America, except Alaska, the word "duplicate," or some other word or words indicating that the document is not an original bill shall be placed plainly upon the face of every such bill, except the one first issued. A carrier shall be liable for the damage caused by this failure so to do any one who has purchased the bill for value in good faith as an original, even though the purchase be after the delivery of the goods by the carrier to the holder of the original bill. 333. Non-Negotiable Bill-How Marked. § 8. A non-negotiable bill shall have placed plainly upon its face by the carrier issuing it "non-negotiable" or "not negotiable." This section shall not apply, however, to memoranda or acknowledgments of an informal character. 334. Insertion of Name of Person to be Notified, No Limitation of Negotiability of Bill. § 9. The insertion in a negotiable bill of the name of the person to be notified of the arrival of the goods shall not limit the negotiability of the bill or constitute notice to a purchaser thereof of any rights or equities of such person in the goods. 335. Objections by Consignor-Form-Unconditional Bill. $ 10. Except as otherwise provided in this Act, where a consignor receives a bill and makes no objection as hereinafter provided to its terms or conditions, neither the consignor or any person who accepts delivery of the goods or any person who seeks to enforce any provision of the bill shall be allowed to deny that he is bound by such terms and conditions, so far as they are not contrary to law or public policy: Provided, that any objection to the lawful terms and conditions of said bill shall be made in writing, which only need state the mere facts of such objection, by the consignor within three hours after receiving said bill and all such bills shall have attached to the same a blank form for such objection. Thereupon it shall be the duty of the officer, agent or servant of the carrier to take up said bill of lading so objected to and upon request of such officer, agent or servant, it shall be the duty of the consignor to surrender such bill of lading and thereupon such officer, agent or servant shall issue an unconditional bill under which consignor shall pay the lawful freight rate. 336. When Carrier Bound to Deliver Goods. § 11. A carrier, in the absence of some lawful excuse, is bound to deliver goods upon the demand made either by the consignee named in the bill for goods or if the bill is negotiable, by the holder thereof, if such demand is accompanied by (a) goods, An offer in good faith to satisfy the carrier's lawful lien upon the (b) An offer in good faith to surrender, properly indorsed, the bill which was issued for the goods, if the bill is negotiable, and (c) A readiness and willingness to sign, when the goods are delivered, an acknowledgement that they have been delivered, if such signature is requested by the carrier. In case the carrier refuses or fails to deliver the goods in compliance with a demand by the consignee or holder so accompanied, the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or failure. 337. When Carrier Justified in Delivering Goods. § 12. A carrier is justified, subject to the provisions of the three following sections, in delivering goods to one who is (a) A person lawfully entitled to the possession of the goods, or (b) The consignee named in a non-negotiable bill for the goods, or (c) A person in possession of a negotiable bill for the goods by the terms of which the goods are deliverable to his order, or which has been endorsed to him or in blank by the consignee or by the mediate or immediate indorsee of the consignee. 338. When Carrier Delivers Goods to One Not Entitled Thereto. 13. Where a carrier delivers goods to one who is not lawfully entitled to the possession of them, the carrier shall be liable to any one having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section; and, though he delivered the goods as authorized by either of said subdivisions, he shall be so liable if prior to such delivery he (a) Had been requested, by or on behalf of a person having a right of property or possession in the goods, not to make such delivery, or (b) Had information at the time of the delivery that it was to a person not lawfully entitled to the possesion of the goods. A request or information to be effective within the meaning of this section must be given to an officer or agent of the carrier, the actual or apparent scope of whose duties includes action upon such a request or information, and must be given in time to enable the officer or agent to whom it is given, acting with reasonable diligence, to stop delivery of the goods. 339. When Carrier Fails to Take Up Negotiable Bill. § 14. Except as provided in section 27, and except when compelled by legal process, if a carrier delivers goods for which a negotiable bill had been issued, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the bill, such carrier shall be liable for failure to deliver the goods to any one who for value and in good faith purchases such bill, whether such purchases acquired title to the bill before or after the delivery of the goods by the carrier, and notwithstanding delivery was made to the person entitled thereto. 340. When Carrier Delivers Part of Goods. § 15. Except as provided in section 27, and except when compelled by legal process, if a carrier delivers part of the goods for which a negotiable bill had been issued and fails either (a) To take up and cancel the bill, or (b) To place plainly upon it a statement that a portion of the goods has been delivered, with a description, which may be in general terms, either of the goods or packages that have been so delivered or of the goods or packages which still remain in the carrier's possession, he shall be liable for failure to deliver all the goods specified in the bill, to any one who for value and in good faith purchases it, whether such purchaser acquired title to it before or after the delivery of any portion of the goods by the carrier, and notwithstanding such delivery was made to the person entitled thereto. 341. Alteration, Addition or Erasure in Bill. § 16. Any alteration, addition or erasure in a bill after its issue without authority from the carrier issuing the same, either in writing or noted on the bill, shall be void, whatever be the nature and purpose of the change, and the bill shall be enforceable according to its original tenor. 342. Where Negotiable Bill Lost or Destroyed. § 17. Where a negotiable bill has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient surety to be approved by the court to protect the carrier or any person injured by such delivery from any liability or loss, incurred by reason of the original bill remaining outstanding. The court may also in |