is governed also by sections 20 and 21 of the Public Utilities Commission Law, respecting the creation of indebtedness and the issuance of bonds. Ante, 20, 21, 22. See American Loan & Trust Co. v. Minnesota & N. W. R. Co., 157 Ill. 641.

§ 2. Such consolidation shall take effect upon the filing and recording of such articles of consolidation in the office of the Secretary of State of the State of Illinois, and a certified copy thereof in the office of the recorder of the various counties in which said railroad is situated. A certified copy of such articles of consolidation, under seal of the Secretary of State, shall be deemed and taken to be prima facie evidence of the existence of such consolidated corporation.

§ 3. Such consolidated corporation shall at all times keep a general office within this State, at which shall be kept a complete list of all stockholders of such corporations, their places of residence, the amount of stock owned by each, and where the stock of such corporation may be registered and transferred: Provided, that nothing contained in this bill shall be construed to impair or affect the rights of any party holding unsettled claims against any of the corporations to be consolidated.

NOTE. The following enactment is repealed by implication: "An Act authorizing railroad companies in consolidating so as to form an interstate line to fix the terms and conditions of such consolidation and to retire their preferred stock, and to provide for the issue of new prefered stock and fix the par value thereof, approved and in force June 17, 1893, (Hurd's Revised Statutes, 1917, Ch. 114, sections 42, 43.) The Act is in conflict with the provisions of the Public Utilities Commission Law respecting the consolidation and reorganization of Utilities. (Public Utilities Commission Law, Sec. 22.) Ante, 22.

The following enactment is repealed by implication: "An Act to enable railroad companies to enter into operative contracts and to borrow money," approved February 12, 1855. (Hurd's Revised Statutes, 1917, ch. 114, secs. 44, 45.) The Act is repugnant to the provisions of the Public Utilities Commission Law respecting intercorporate relations. (Public Utilities Commission Law, sec. 27.)

Ante, 27.

AN ACT to facilitate travel and transportation. Approved and in force Feb. 25, 1867. L. 1867, p. 174. (Hurd's Revised Statutes, 1917, Ch. 114, Sec. 46.) 135. Use of Bridges.

§ 1. Railroads terminating, or to terminate at any point on any line of continuous railroad thoroughfare where there now is or shall be a railroad bridge for crossing of passengers and freight in cars over the same as part of such through fare, shall make convenient connections of such railroads, by rail, with the rail of such bridge; and such bridge shall permit and cause such connections of the rail of the same with the rail of such railroads, so that by reason of said railroads and bridge, there shall be uninterrupted communication over such railroads and bridge as public thoroughfares. But by such connections no corporate rights shall be impaired. NOTE.-See_provisions in Public Utilities Commission Law pertaining to track connections. (Public Utilities Commission Law, Secs. 45, 46.) Ante, 45, 46. The following Acts are repealed by implication: "An Act relating to lessees in this State of railroads in adjoining states," approved March 30, 1875; in force July 1, 1875 (Hurd's Revised Statutes, 1917, Ch. 114, sec. 47), and "An Act to facilitate the carriage and transfer of passengers and property by railroad companies, approved May 24. 1877; in force July 1. 1877. (Hurd's Revised Statutes, 1917, Ch. 114, sec. 49). Both Acts are in conflict with secs. 28 and 29 of the Public Utilities Commission Law pertaining to the transfer of franchises, and with s c. 27 of the Public Utilities Commission Law pertaining to inter-corporate relations. Ante, 27, 28, 29.

AN ACT compelling railroad companies in this State to build and maintain depots for the comfort of passengers and for the protection of shippers of freight at towns and villages on the line of their roads. [Approved May 23, 1877. In force July 1. 1877 L 1877 } 165: Legal News Ed., p. 154.] (Hurds Revised Statutes 1917, Ch. 114, Secs. 50, 51.)

136. Railroads Required to Build and Maintain Depots.

§ 1. That all railroads in this State carrying passengers or freight shall, and they are hereby required to build and maintain depots for the

comfort of passengers and for the protection of shippers of freight, where such railroad companies are in the practice of receiving and delivering passengers and freight, at all towns and villages, having a population of two hundred (200) or more, on the line of their roads, and roads leased or operated by them. [As amended by Act approved June 21, 1895. In force July 1, 1895; L. 1895, p. 294.]

137. Penalty.

§ 2. Any railroad company in this State failing to comply with the provisions of the preceding section after this Act shall go into effect, and within ninety days after notice in writing of its failure to comply with the provisions of said section shall have been served upon any agent of said railroad by the authorized agent of any town or village aggrieved, shall pay for each and every day it shall neglect, the sum of fifty dollars ($50) to be recovered in an action of debt before any justice of [the] peace, in the name of the People of the State of Illinois, in any town or village aggrieved. Said penalty to be paid to the said town or village for the school fund.

NOTE. See sec. 50, of the Public Utilities Commission Law, as to the power of the Commission to compel the erection of additions and new structures and the making of needful improvements and alterations. Ante, 50.

The following Act is repealed by implication: 'An Act concerning contracts for the conditional sale or lease of railroad, street car equipment and rolling stock and providing for the record thereof," approved June 20, 1893 in force July 1, 1893. (Hurd's Revised Statutes, 1917, Ch. 114, secs. 52, 53, 54.) The Act is inconsistent with sec. 27 of the Public Utilities Commission Law. Ante, 27.

See People v. Chicago & Alton R. Co., 130 Ill. 175; Chicago & Alton R. Co. v. People 152 Î11. 230; People v. Louisville & N. R. Co., 120 Ill. 48; Mobile & O. R. Co. v. People, 132 Ill. 559; Chicago & Alton R. Co. v. Walker 217 Ill. 605; etc.

V. RESIDENCE OF DIRECTORS OF RAILROADS UNDER SPECIAL CHARTERS.

AN ACT in relation to the residence of directors on railroads organized under special charters. [Approved and in force June 17, 1893. L. 1893, p. 164.] (Hurd's Revised Statutes 1917, Ch. 114, Sec. 55.)

138. Defines Directors' Residence.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: In all cases where any railroad company organized and doing business under any law of this State by which it is required that a majority of the directors of such company shall reside in counties along the line of the road, such requirements shall be construed to require such majority of such directors to reside in some or all of the Counties along the line of road in this State actually operated by such company, whether such line be owned by such company or leased thereby, and shall not require that any of the directors of such company shall reside in counties along such part of the line of the road of such company as may have been sold and transferred to any other corporation.

139. Emergency.

§ 2. WHEREAS, An emergency exists, therefore, this law shall take effect and be enforced from and after its passage.

VI. FENCING AND OPERATING RAILROADS.

AN ACT in relation to fencing and operating railroads. [Approved March 31, 1874. In force July 1, 1874.] (Hurd's Revised Statutes 1917, Ch. 114, Secs. 62-76. 140. Fencing Track-Farm Crossings-Cattle Guards.

SECTION 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 land adjoining such railroad; 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, 1879.1 L. 1879, p. 224.]

NOTE.-See Cairo & St. L. R. Co. v. Warrington 92 Ill. 157; Lynch v. Balti more & O. S. W. R. Co., 240 Ill. 567; Terre Haute & I. R. Co. v. Williams, 172 Ill. 379; Bischof v. Illinois S. R. Co, 232 Ill 446; Rockford, R. I. & S. L. Ŕ. Co. v. Lynch, 67 Ill. 149; etc.

141. Right of Way Clear of Combustibles.

§ 12. It shall be the duty of all railroad 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 1.

NOTE. See Cleveland, C. C. & St. Louis Ry. Co. v. Hamilton 200 Ill. 633 as to constitutionality. See also Hertz v. Chicago I. & S. R. Co. 154 Ill. App. 80; Indiana, B. & W. R. Co. v. Nicewander 21 Ill. App. 305; Chicago & E. I. R. Co. v. Goyette 133 Ill. 21; etc

142. Allowing 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 crossings 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.]

143. When Company Neglects to Build-Notice.

over or

§ 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 through which the railroad track is or may be laid, may give notice, 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 oper ating such railroad. [L. 1869, p. 315, § 1.]

NOTE-See Shea v. Cleveland, C. C. & St. L. R. Co., 250 Ill. 97; Chicago & A. R. Co. v. Averill 127 Ill. App. 275, Affd. 224 Ill. 516; etc.

144. 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.] NOTE.-See Toledo P. & W. R. Co. v. Pence 68 Ill 524; Indiana & I. S. R. Co. v. Sampson 31 Ill. App. 513 dismissed 132 Ill 527; Wabash St. L. & P. R. Co. v. Zeigler 108 Ill. 304; Ohio & M. R. Co. v. People 121 Ill. 483, Affg. 21 Ill. App. 23;

etc.

145. 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 is 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.]

NOTE. See Chicago & A. R. Co. v. Robinson 8 Ill. App. 140; Illinois Cent. R. Co. v. Bentley 64 Ill. 438; etc

§ 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 whistled until such highway is reached. [L. 1869, p. 308, § 1.]

NOTE. See Chicago Junct. R. Co. v. Reinhardt 139 Ill. App. 53, Affd. 235 Ill. 576; Pittsburg, C. C. & St. L. R. Co. v. Robson 204 Ill. 254; Illinois Cent. R. Co. v. Schmitt 100 Ill. App. 490; Chicago, P. & St. Louis R. Co., v. Zetsche 135 Ill. App. 622; Chicago, B. & Q. R. Co. v. Dougherty 110 Ill. 521; etc.

147. Killing Stock-Frightening Team.

§ 62. Any engineer, or person having charge of and running any railroad engine or locomotive, who 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 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 $10 nor more than $50. [See "Criminal Code," Ch. 38, § 191.]

148. Starting Train Without Signal-Penalty.

§ 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 $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.

NOTE. See Chicago, B. & Q. R. Co. v. Murowski 179 Ill. 77; Maney v. Chicago, B. & Q. R. Co. 49 Ill. App. 105; etc.

149. 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 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.]

NOTE. See Bloomington v. Illinois Cent. R. Co. 154 Ill. 539; People v. Chicago & A. R. Co., 67 Ill. 118; Williams v. Chicago & Northwestern R. Co., 132 Ill. App. 274, Affd. 228 Ill. 593; etc.

150. 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 8 of this Act, it shall be the duty of the proper public authorities, having the charges 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. 151. When Company Neglects, Authorities to Construct, Etc.

§ 10. If any railroad corporation of this State shall, after having been notified, as provided in section 9 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.

152. Company to Pay Expense and $100.

§ 11. 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.

153. 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.]

154. Penalty.

§ 13. Every engineer or other person having charge of such engine, violating the provisions of the preceding section, shall be liable 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 corporation 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