STATE ROADS. 1167

1931, ch. 539, sec. 18.

18. The State Roads Commission may proceed with respect to any
such crossing upon its own motion, or upon the petition of any railroad com-
pany or companies whose tracks cross or are crossed at grade, or upon the
petition in writing of the Mayor and City Council or other governing body
of any municipality, or of the County Commissioners of any county
wherein any such crossing exists, setting forth the facts upon which relief
under this Article is sought; whereupon said Commission shall fix a time
and place for a hearing before it, and shall give such notice thereof as it
shall deem reasonable to the municipality, County Commissioners and
corporations, copartnerships or individuals interested therein, and after
such hearing shall determine or order, what, if any, alterations or changes
in or connected with such crossing and public highway shall be made.

1931, ch. 539, sec. 19.

19. It shall be the duty of any railroad company or companies upon
being required as herein provided to make such alterations, changes, re-
location and/or opening, to proceed within the time and in the manner
required by the State Roads Commission to make the same, and any rail-
road company or companies that shall fail, neglect or refuse to perform
such duty shall be deemed guilty of a misdemeanor, and, upon conviction,
subject to a fine of one hundred ($100. 00) dollars, for each day such com-
pany or companies shall fail, neglect or refuse to perform such duty. In
addition to the penalty herein provided, any such company or companies
shall be compelled by mandamus or other appropriate proceedings to make
such alterations, changes, relocation and/or opening, or the Commission
itself may make the same and charge such railroad company or companies
with the entire expense thereof.

Whenever it shall be ordered or determined, either in the first instance,
or upon the failure, neglect or refusal of the railroad company or com-
panies, to comply with the order of the Commission, as above provided,
that the Commission itself shall make such alterations, changes, relocation
and/or opening, it shall be the duty of the railroad company or companies
affected by the order to pay its or their share or all (as the case may be)
of the expense, as, when and in the manner determined by the Commission.
The failure, neglect or refusal of such railroad company or companies to
pay its or their share or all (as the case may be) of the expense, as ordered
shall be deemed a misdemeanor, and, upon conviction, such railroad or
railroads shall be subject to a fine of one hundred ($100. 00) dollars for
each day such company or companies shall fail, neglect or refuse to make
such payment; provided, however, that such penalty shall be in addition
to any other remedy which may be resorted to by the Commission for the
enforcement of its order, or the collection of the share of the expense due
by such railroad company or companies.

1931, ch. 539, sec. 20.

20. The notice of time and place of hearing required to be given by
this Article, except as to the municipality or municipalities and the rail-