E. LOUIS LOWE, ESQUIRE, GOVERNOR.
145
another or other eligible route or routes for their
line or
lines, and also to construct and maintain any side lines
or additions thereto, and also to add to the number of
wires or conductors, and repair, amend, improve and
maintain any side wires or lines or other additions
thereto; Provided, that such line or lines or the additions
thereto, or improvements thereon, shall in no case
be constructed as to incommode the public use of
said roads or highways, or injuriously interrupt the
navigation of said waters, and such company shall make
full compensation to the owners of lands taken or used
for the purpose aforesaid; Provided, that nothing in
this act shall be construed to authorise said company
to erect any posts, masts or piers, upon, under or through
any yard, garden or orchard, or stretch, extend or locate
any wire or wires, cord or cords, or other conductor of
electricity, within one hundred yards of any dwelling
house or barn, or other out-house of any farm, without
the consent of the owner; And provided further, that
the jury summoned to assess the damage in any case,
shall have the right to locate or re-locate, such telegraph
in such place or places as will not in their judgments interfere
materially with the cultivation or other use of any
lands, or as will not endanger any buildings near which
the same may pass.
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Provisoes.
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SEC. 2. And be it enacted,
That if the said company
shall not have previously agreed with the owners of any
land through, upon, under or over which the telegraph
line or lines, constructed or owned by said company,
do or shall pass, for the price or compensation to be paid
by said company for the use of such land or the damage
done or which may be done thereto, it shall and may be
lawful for the said company or such owners of said
land, to apply to a justice of the peace of the county
where such lands, and in the manner provided by
the act entitled, an act to provide for the incorporation
and regulation of telegraph companies in this State, and
thereupon such proceedings shall be had as are provided
by said act, for the purpose of ascertaining the amount
of damages that may have been or may be sustained by
the owner of said lands, and the said company shall
pay the amount thereof with costs of such proceeding.
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Owners of
land to be
compensated.
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SEC. 3. And be it enacted,
That the said company
shall render to the proper officers, a correct report of the
cost to the said company of their works within this
State; and the property of the said company shall be
subject to taxation, in the same manner as the stock or
property of other companies incorporated in this State.
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To render
proper officers
correct report.
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