354 CORPORATIONS—RAILROAD. [ART. 23.

1880, ch. 282 1876, ch. 242, sec. 17.

173. It shall be lawful for such corporation, whenever it may
be necessary in the construction of its road, to cross any road,
highway or stream of water, to divert the same from its present
or existing location or bed; provided, it is not a navigable
stream; and it shall be lawful for such corporation, or for any
railroad corporation heretofore incorporated under any general or
special law, whose railroad now crosses or may hereafter cross any
public or private road or highway, to carry said road or highway
over its track by an overgrade crossing, or to carry it under its
track or tracks by an undergrade crossing; and to make such
crossings, such corporations may divert any road or highway, so
crossed or to be crossed, from its present or existing location; and
for entering upon, taking or appropriating any buildings, gar-
dens, yards or other lands which may be necessary for the new
route and location of said road so diverted, said corporation may
proceed as in case of land necessary for its railroad, under the
powers given to it by law, but said corporation shall, without
unnecessary delay, place such road or highway or stream, in such
condition as to not impair its former usefulness; and such corpo-
ration shall be liable for damage caused by the diversion of any
stream; and when said new road is properly laid out, completed
and constructed by said company with such overgrade or
undergrade crossings, in a manner satisfactory to the county
commissioners of the county where said road is located, it shall be
the duty of the said county commissioners to close the old road
and grade crossings; and it shall be lawful for such company to
close the former grade crossing.

1876, ch. 242, sec. 18.

174. Such corporation shall, as soon as convenient after its
organization, establish a principal office at some point on the line
of its road, and change the same at pleasure, giving public
notice in some newspaper, of such establishment or change.

Ibid. sec. 19.

175. Every railroad company organized under this article,
shall be required to erect at all points where its road shall cross
any public road, at a sufficient elevation from such public road, to