Chap. 191.—An ACT to amend and re-enact section 1094 of the code of Virginia,
in relation to one road or canal crossing another road.

Approved February 9, 1804.

1. Be it enacted by the general assembly of Virginia, That section
ten hundred and ninety-four of the code of Virginia be amended and
re-enacted so that said section shall read as follows:

S 1094. If any railroad, turnpike or canal company deem it neces-
sary in the construction of its works to cross any other railroad,
canal, turnpike or county road, it may do so: provided such crossing
shall be so located, constructed and operated as not to impair or i1m-
pede in the least degree practicable the works and operations of the
railroad, turnpike or canal to be crossed; and provided such crossing
shall be supported by such permanent and proper structures and
fixtures, and shall be controlled by such customary and approved
appliancer, methods and regulations as will best secure the safe pas-
sage and transportation of persons and property along such crossing,
and will not be injurious to the works of the company to be crossed.
The cost of such crossings, their appliances, apparatus and the re-
pairs and operation of the same shall be borne by the party desiring
to make the crossing. Before work is commenced upon the crossing,
the president or general managing officer of the company which
proposes to cross the works of another company shall submit plans,
gpecifications, appliances and methods of operation to the president
or other general officer of the latter company, and if the said plans,
specifications, et cetera, are not accepted within thirty days after the
same have been delivered to the president or any general officer of
the company whose works are to be crossed, the president or general
managing officer of the first named company may then proceed with
the construction and operation of the said crossing under the plans,
specifications, appliances and methods so submitted: provided, how-
ever, the president or general managing officer of the company
whose works are to be crossed may, within fifteen days from the date
of such notice, apply to the board of public works to inquire into the
necessity of such crossing and the propriety of the proposed location
and all matters pertaining to its construction and operation; and
thereupon, within thirty days from the date of the first notice afore-
said, the board of public works in its discretion may, by notice
served upon both companies, sugpend work on said crossing for such
reasonable time prescribed in said notice as it may deem necessary
to make such inquiry. The said board of public works may in their
discretion employ expert engineers at a cost not exceeding five hun-
dred dollars, to be paid equally by both companies, who shall, with
the railroad commissioner, examine the location, plans, specifica-
tions, appliances and methods proposed to be employed, and shal!
hear any objections and consider any modifications that the rail-
road whose line is to be crossed desires to offer, and within the
time prescribed aforesaid shall make a report, rejecting, approving
or modifying said plans and specifications, which shall be final and
binding on both companies. If any such company desires that the
course of any other railroad, turnpike or canal shall be changed to
avoid the necessity of any crossing, or frequent crossings of the same,
the change may be made in such manner and on such terms as may
be agreed on by the company desiring the change and the company,
persons or county owning or having charge of the work to be affected
by the change. If any such crossing or change as is provided in
this section cause damage to the work of any company or county or
to the owner of any lands, the company exercising the privileges
herein granted shall make proper compensation for such damage.
Upon failure of the company desiring to make the crossing to receive
notice of the acceptance of the said plans, specifications, et cetera,
within thirty days from giving the notice as aforesaid, or upon the
adoption of the plans and methods by the board of public works,
and the payment of proper compensation for damages hy the com-
pany desiring to cross the works of another company (damages to
be ascertained according to sections ten hundred and seventy-four
to ten hundred and eighty-four, inclusive, code of eighteen hundred
and eighty-seven), work may be commenced immediately, and no
order shall be made or any injunction awarded by any court or judge
to stay the proceedings or prosecution of the work; but any county
road and stream or water-course may be altered by any such com-
pany, for the purpose aforesaid, whenever it shall have made an
equally convenient road or water-way in lieu thereof.
2. This act shall be in force from its passage.