THOMAS G. PRATT, ESQUIRE, GOVERNOR.

1846

fixtures along and across any of the roads, streets, or
waters of this state, without its being deemed a public
nuissance, or subject to be abated by any private per-
sons; the said fixtures to be so placed as not to interfere
with the common use of such loads, streets and waters,
or with the convenience of any land-owner more than is
unavoidable; but the said corporation shall be responsible
for any damages which any person or corporation may
sustain by the erection, continuance and use of such fix-
tures; and, in any action brought for the recovery there-
of by the owner or possessor of any lands, the damages
to be awarded, may, at the election of such corporation,
include the damage of allowing the said fixtures perma-
nently to continue; on payment of which damages, the
right of the corporation to continue such fixtures, shall
be confirmed, as if granted by the parties to the suit ;

CHAP. 39.

provided, that no person or body politic shall be entitled
to sue for or recover damages as aforesaid until the said
corporation, after due notice, shall have failed or refused
to remove, in reasonable time, the fixtures complained
of; and every person who shall destroy or commit a
trespass upon fixtures of said corporation, erected in
pursuance of the authority hereby given, actually inter-
rupting, or with intent to interrupt the operations of the
telegraph, shall pay to the said corporation one hundred
dollars for such offence, and shall be further liable for all
damages which the said corporation may sutler in repair-
ing the injury, and in the interruption of their business,
to be recovered in an action of trespass; and, if any
person incurring the penally aforesaid, shall, through in-
solvency or other cause, be unable, or shall fail to pay
the penalty and damages aforesaid, and shall a second
time destroy or commit a trespass upon said fixtures, he
shall be subject to imprisonment, not less than one month,
nor over six months in the county jail, on conviction
thereof, before a court of competent jurisdiction

Proviso.

SEC. 10. Be it further enacted, That it shall be law-
ful for the companies hereby incorporated, or others,
proprietors of Morse's Electro Magnetic Telegraph, to
construct lines of telegraph along the common roads and
streets of this State, and with the permission of the
owners thereof, along all turnpikes, rail roads and canals,
for the purpose of communicating between any of the
towns and villages in this State or beyond its limits, and
the main lines of said companies, and with each other
subject to all the terms and conditions in this act con-
tained.

May construed
lines, &c.