970 JOURNAL OF PROCEEDINGS [Mar. 20,

eaid order shall not be passed until after notice to the Com-
pany, and an opportunity has been given it to be heard as to
such supposed necessity, and that at all such points where
the track of any other .Railroad Company now existing, or
hereinafter to be created and worked by steam, crosses or in-
tersects any turnpike, public road, street or highway, as may
be so designated by such County Commissioners, it shall be
the duty of the Railroad Company or Corporation owning or
using said track to station a guard of at least one person, and
it shall be the duty of such guards to warn all persons who
may be lawfully upon such street, avenue, turnpike, public
road or other highway, of the approach of all locomotives
or trains of cars, by displaying in as conspicuous a manner as-
possible, a flag by daylight, and a colored light during the
hours of darkness, and so continue such display, said flag or
light, as the case maybe, during the continuance of all loco-
motive or trains of cars in the vicinity of such crossings or
points of intersection.

SEC. 2. And be it enacted, That if any such Railroad Com-
pany or Corporation, owning or using any track, shall fail,
neglect or refuse to comply with the provisions of the prece-
ding section, it shall be liable to a fine of not less than
twenty-five dollars, nor more than fifty dollars, for each and
every day of failure, neglect or refusal to comply with the
provisions of the preceding section, to be collected as small
fines are collected under existing laws of this State.

SEC. 3. And be it enacted, That if any such Railroad
Company or Corporation shall fail, neglect or refuse to com-
ply with the requirements of the first section of this Act,
on or before the first day of July next ensuing the passage
of this Act, then it ahull be the duty of the County Commis-
sioners of Baltimore county to station guards and flagmen
at the points indicated, mentioned and directed in this Act
to be guarded, which guards and flagmen so appointed, shall
be paid by the Railroad Company or Corporation whose cross-
ings or intersections or other points are guarded as aforesaid,
and the pay of each such guard or flagman shall not be less
than a dollar and a-half, or more than five dollars a day, to
be fixed and determined by said County Commissioners at
the time of their appointment.

SEC. 5. And be it enacted, That if any such Railroad Com-
pany or Corporation shall fail, neglect or refuse,for the period
of sixty days, to pay the wages of any guard or flagman ap-
pointed in compliance with the terms of this Act, by the
County Commissioners of said county, then the same shall be
paid by said County Commissioners, and the said County
Commissioners shall forthwith proceed, by suit or action at
law, against said Railroad Company or Corporation, upon