Chap. 164.—An ACT to amend and re-enact the forty-second section of
the Act approved March twentieth, eighteen hundred and seventy-
five, entitled an Act to provide for Working and Keeping in Order
the Roads of the Commonwealth.

Approved March 27, 1876.

1. Be it enacted by the general assembly, That the forty-
second section of the act approved March twentieth, eighteen
hundred and seventy-five, entitled an act to provide for work-
ing and keeping in order the roads of the commonwealth, be
amended and re-enacted, so as to read as follows:

§ 42. 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-
roads; and if there be such interference, either the party
owning the property, or the party building or proposing to
build the tram-roads, may apply to the county court of the
county in which the party complaining lives, which shall di-
rect 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 summon
the party not asking for the appointment of a commissioner
to appear and show caure against the same; and upon the
return of the said process executed, such actions and pro-
ceedings shall be had as are prescribed by sections twenty-six,
twenty-seven, twenty-eight and twenty-nine of chapter fifty-
two of the Code of eighteen hundred and seventy-three.
The court shall, upon the report, inquest, and other evidence,
if any, determine what compensation is due the party com-
plaining 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.