Portion of tracks of other companies may be used to complete a circuit, etc. Certified copy of resolution of board of directors to be filed. Section 15, act of May 14, 1889, as finally amended by act of June 7, 1901, cited for amendment. ages which the corporation claiming the privilege of laying or using tracks shall pay for the said privilege; and if no appeal shall be taken to the said report, the court shall, at the expiration of thirty days, confirm the said report; and the amount so fixed by the jury shall then be due and payable: Provided, however, That either party shall have a right of appeal, within the said thirty days, from the award of the jury, as now provided by law. If the damages due are to be secured, such security shall be given, in such amount as the court having jurisdiction thereof shall direct, and shall be approved by said court; whereupon, upon such security being entered, the company so entering the same shall have the right to the immediate use of such streets or tracks. If an appeal shall be taken, it shall be competent for the party against whom an award has been made to pay into court the amount of such award, upon which payment the right to lay or use said tracks shall vest, and said sum shall await the final judgment on said appeal," be and the same is hereby amended so as to read as follows: Section 14. Any passenger railway company, incorporated under this act, shall have the right to use such portion of the single or double tracks of any other passenger railway company or companies, incorроrated under this or any general or special act, as it may require, either to complete a circuit upon its road or upon any of its branches or extensions, or to connect its road with any and all its branches and extensions, or with the road of any other passenger railway company: Provided, That there shall be filed with the application for a charter, or for authority to construct any branch or extension, a certified copy of a resolution of the board of directors of the company, whose tracks are to be so used, signifying its consent to such use. Section 4. That section fifteen of the said act of May fourteenth, eighteen hundred and eighty-nine, which as finally amended by the said act of June seventh, nineteen hundred and one, reads as follows: "Section 15. No street passenger railway shall be constructed by any company, incorporated under this act, within the limits of any city, borough, or township, without the consent of the local authorities thereof; nor shall any street railway be incorporated hereunder which shall not have a continuous route, including branches and extensions, from the beginning to the end, including connections made with each of its branches and extensions, or they with each other, and including the use of bridges and the approaches thereto, and the two thousand five hundred feet authorized to be used under section fourteen as amended by the provision of this act," be and the same is hereby amended so as to read as follows: authorities. Section 15. No street passenger railway shall be constructed by any company, incorporated under this act, within the limits of any city, borough, or township, without the consent of the local authorities Consent of local thereof; nor shall any street passenger railway be incorporated hereunder which shall not have a con- Continuous route. tinuous route from the beginning to the end, including connections made with each of its branches and extensions, or they with each other, and including the use of the track of other companies, with the consent thereof, as authorized under section fourteen as herein amended. Section 5. That section four of the act, entitled "An act to amend an act, entitled 'An act to provide for the incorporation and government of street railways in this Commonwealth,' approved the fourteenth day of May, Anno Domini one thousand eight hundred and eighty-nine, as amended by an act, entitled 'An act to amend an act, entitled 'An act to provide for the incorporation and government of street railway companies in this Commonwealth,' approved the fourteenth day of May, Anno Domini one thousand eight hundred and eighty-nine,' increasing the length of the tracks of other companies that may be used, authorizing the carrying and distribution of mails of the United States, and the abandonment of portions of street railway companies," approved the twentyfirst day of May, Anno Domini one thousand eight hundred and ninety-five, which, as amended by the said act of June seventh, one thousand nine hundred and one, which reads as follows: "Section 4. Any company incorporated under the provisions of an act, entitled 'An act to provide for the incorporation and government of street railways in this Commonwealth, approved May fourteenth, Anno Domini one thousand eight hundred and eightynine, is hereby authorized and empowered, with the consent of the local authorities of any city, borough, or township within which said railway is located, to abandon any portion of its road, without prejudice to its right to operate, or to complete and operate, the remaining portion of its railway, by appropriate action by its board of directors, with the approval of a majority in value of its stockholders, upon the filing of a copy of such action, certified under the hands of its president and secretary and the seal of the company, in the office of the Secretary of the Commonwealth, and also with the proper local authorities. All streets, highways or bridges, or parts thereof, the use and occupation of which is thus abandoned, or which shall be deemed abandoned as hereinafter set forth, and any other street, highway or bridge, or part or parts thereof, the use and occupation of which has heretofore been abandoned or discontinued, or which is only in tem Section 4, act of amended by act of for amendment. May 21, 1895, as June 7, 1901, cited porary use, or which is not occupied by any railway, be cause of the prohibition contained in any act of Assembly, or any ordinance of councils, or because of any contract or agreement by and between any railway and the Commonwealth of Pennsylvania, or any railway and the local authorities of any city, borough or township, or the Commonwealth and any of the citizens thereof, or because of any ordinance of the councils of any city, borough or township, may thereafter or hereafter, with the consent of the local authorities of such city, borough or township, but not otherwise, be occupied and used by any railway company chartered under this act, or by the company which has abandoned or discontinued the use thereof. Before such use shall be made of any such street, highway or bridge, compensation for the use thereof shall be made, or secured, to any persons or corporations having vested rights under any such act of Assembly, ordinance, contract or agreement, and injured thereby. Such compensation shall be made or secured, in the manner herein provided for by the amendment to the fourteenth section of an act, entitled "An act to provide for the incorporation and government of street railway companies of this Commonwealth," approved the fourteenth day of May, Anno Domini one thousand eight hundred and eighty-nine, be and the same is hereby amended so as to read as follows: Section 4. Any company incorporated under the provisions of an act, entitled "An act to provide for the incorporation and government of street railways in this Commonwealth," approved May fourteenth, Anno Domini one thousand eight hundred and eightynine, is hereby authorized and empowered, by contract with the local authorities, but not otherwise, to tem Temporary aband- porarily abandon, or to postpone the exercise of its fran onment or postponement. Proviso. Right of steam railroad companies. Failure to com plete. chise over, the whole or a portion of its route, under such terms and conditions as may be agreed upon between such company and the said local authorities, a duplicate of which contract shall be filed in the office of the Secretary of the Commonwealth: Provided, however, That nothing in this section contained, nor any contract made in pursuance thereof, shall be construed to limit or affect in any way, or impose any additional liability for the exercise of the right of a steam railroad company to lay its tracks over, upon, under and across such street or streets, or portions thereof; and in case any company, not having received consent to so temporarily abandon or postpone the exercise of its franchise over the whole or a portion of its route, fails to complete its whole route during the time limited by the local authorities, it shall be deemed to have permanently abandoned the portion not so completed; but the said company shall have authority to maintain and operate the portion so completed, provided it constitutes, either by itself or with portions of the tracks of other companies which it may be authorized to use, a complete circuit for its cars. Section 6. That section six of the said act of June seventh, one thousand nine hundred and one, which reads as follows: "Section 6. Any company which does not, within two years from the date of its incorporation, make formal application to the local authorities of the proper city, borough, or township for leave to oссиру and use the streets, highways or bridges which by its charter it is authorized to occupy and use, and any company which heretofore has or hereafter does obtain legislative or municipal consent to occupy and use any streets, highways, or bridges, and does not forthwith diligently proceed to occupy and use the same, and does not begin work within two years after such consent shall be obtained, and complete its road as provided by its charter, within five years thereafter, and constantly daily use the same thereafter for the transportation of passengers, shall be deemed to have abandonded the right to occupy and use such streets, highways, and bridges; and the same may be occupied and used by any other company, duly chartered and obtaining the consent so to do, anything in any general or special act of Assembly or municipal ordinance to the contrary. notwithstanding;" be and the same is - hereby amended so as to read as follows: Section 6. Any company which does not, within two years from the date of its incorporation, make formal application to the local authorities of the proper city, borough or township for leave to occupy and use the streets, highways, or bridges which, by its charter, it is authorized to occupy and use, and any company which heretofore has obtained or hereafter Section 6, act of for amendment. June 7, 1901, cited Application to shall be made local authorities within two years. To begin work within two years, - does obtain legislative or municipal consent to occupy Section 7. That section seventeen of the act of May _ fourteenth, one thousand eight hundred and eighty nine, which reads as follows: Section 17, act of May 14, 1889, cited for amendment. Occupancy and use of turnpikes. Proviso. Consent. Proviso. Compensation. View. "Section 17. Any passenger railway company incorporated under this act shall have, and is hereby granted, power by its officers and servants to ascertain and to define such route as they may deem expedient, over, upon and along any turnpike or turnpikes, not however exceeding sufficient width for two tracks to be laid down on, over and along such turnpike or turnpikes and thereupon, on, over and along such turnpike or turnpikes, to lay down, construct and establish a track or tracks for its use in the transaction of its business, and thereupon to use the same in its general business: Provided, That before any such passenger railway company shall enter upon and use any of such turnpike or turnpikes in the laying of tracks and use of the same, it shall make compensation to the owner or owners thereof for such occupation and use of said turnpike or turnpikes, in the mode provided in section fourteen hereof," be and the same is hereby amended so as to read as follows: Section 17. Any passenger railway incorporated under this act shall have, and is hereby granted, power, by its officers and servants to ascertain and define such route as they may deem expedient, over, upon, across and along any turnpike or turnpikes, or portion thereof, not already occupied, and not, however, exceeding sufficient width for two tracks to be laid down on, over, across and along such turnpike or turnpikes, or portion thereof; and thereupon, on, over, across and along such turnpike or turnpikes, or portion thereof, to lay down, construct and establish a track or tracks for its use in the transaction of its business; and thereupon to use the same in its general business: Provided, That the consent of the owners of the underlying fee shall have first been obtained: And provided further, That before such passengerrailway company shall enter upon and use any such turnpike or turnpikes, or portion thereof, in the laying of tracks and use of the same, it shall make compensation to the turnpike company for such occupation and use of said turnpike or turnpikes, or portion thereof. In case the parties cannot agree as to the amount of compensation to be paid, then the court of common pleas of the proper county, upon the petition of the corporation seeking the privilege, shall appoint five persons to view the premises, and assess the compensation for the use of such turnpike or turnpikes, or portion thereof. The jury so appointed shall hear the testimony, and shall make a report to the court, assessing the damages which the said turnpike company shall be paid for the use of the said turnpike road, or portion thereof; and if no appeal shall be taken from the said report, the court shall, at the expiration of thirty days, confirm the said report; and the amount so fixed by the jury shall be forthwith due and |