ART. 23] RAILROAD COMPANIES. 659

shall be liable to a fine of twenty-five dollars per day for each
and every day it shall neglect or refuse so to do.

1888, art. 23, sec. 196. 1886, ch, 294, sec 3

285. It shall be the duty of said county commissioners to
enforce the payment of fines imposed by the preceding section,
as other fines ore collected, before the circuit court for said
county; and the State's attorney thereof shall attend to the
prosecution of all such suits when directed so to do by the
the said county commissioners.

Ibid. sec. 197. 1886, ch 107.

286. Every railroad company of this State, heretofore or
hereafter incorporated, wherever it shall find it necessary in
the construction of its railroad or any lateral branch, is hereby
authorized to cross at, under or over grade any railroad now
or hereafter constructed; and if the said railroad company
cannot agree with the company or companies owning and
operating such railroad or railroads, whose track is or tracks
are to be crossed, as to the compensation and terms upon
which such crossing or crossings shall be made, then the said
railroad company may condemn the easement of. such crossing
or crossings in the same mode prescribed for the condemna-
tion of the lands of individuals in and by section 251 of this
article; provided, that if any of the said crossings shall be made
at grade, then the said railroad company shall, at its own
expense, erect a proper signal station at such crossings and
keep a watchman thereat; and the trains of the company
owning or operating the said road so crossed at grade shall
have precedence over the trains of the company so crossing
said track or tracks; and provided further, that if the said
crossings shall be under or over grade, they shall be so con-
structed by the said railroad company so crossing as not to
interfere with the passage of trains under or over the same by
the company or companies operating the railroad so crossed.

Ibid. sec. 198 1838, ch. 244, sec. 1. 1841, ch. 266 1846, ch. 346.

287. Railroad companies shall be responsible for injuries
resulting in death or otherwise inflicted upon any stock, as
cattle, horses, sheep, hogs, and so forth, or by fire occasioned
by their engines or carriages, upon any of their roads and the
branches thereof, unless the said companies can prove to the
satisfaction of the justice or other tribunal before which the