Chap. 166.—An ACT to amend and re-enact Section 63, Chapter 52 of
the Code of 1878, in Relation to Tram Roads.

Approved April 9, 1874.

1. Be it enacted by the general ‘assembly, That section
aixty-three, chapter fifty-two of the Code of eighteen hun-
dred and seventy-three, be amended and re-enacted so as to
read as follows:

“8 63. It shall be lawful for the county courts of the com-
monwealth to grant authority to individuals, to construct or
build tram roads along the county roads: provided, they do
not unnecessarily interfere with travel along such roads, or
the proprietary rights of parties along the line of such tram

s; and if there be such interference, either the party
owning the property, or the party building or proposing to
build the tram road, may apply to the county court of the
county in which the party complaining lives, which shall
direct one or more of its commissioners of roads to examine
the premises, and, particularly, report the facts and circum-
stances, in his opinion, useful in enabling the court to deter-
mine whether or not there be an interference with proprie-
tary rights, and what compensation, if any is due to the
party complaining of such interference. Upon the report
of the commissioner, the court shall award process to sum-
mon the party, not asking for the appointment of a commis-
‘loner, to appear.and show cause against the same; and upon
the return of the said process executed, such action and pro-
ceedings shall be had as is prescribed by sections twenty-six,
twenty-seven, twenty-eight and twenty-nine of this chapter.
The court shall, upon the report, inquest and other evidence,
if any, determine what compensation is due the party com-

laining of said interference, and award costs, as is prescribed
in sections thirty-one and thirty-two of this chapter. The
said tram roads shall not exceed six feet on one side or other
of such county road.”

2. This act shall be in force from its passage.