may use and operate its railroad tracks, hereby authorized to be laid, with locomotive engines and cars, or with horse or other animal power, as it shall deem proper, subject to all ordinances of the city of Chicago applicable to railroads similarly situated.

4. VIADUCTS AND CROSSINGS.] SEC. 4. The said railroad company shall have the right, and is hereby authorized, to depress its tracks, to bridge the cross streets over said tracks, and to employ such other means as to such cross streets as it may deem necessary to secure quick transit, under the direction and superintendence of the board of public works of the city of Chicago, and all bridges, when erected, with the approaches thereto, shall belong to, and be the property of the city of Chicago. Convenient crossings shall be made and maintained by said company where said track or tracks cross any street or alley within said city, according to the directions of the board of public works of said city; but the permission and authority herein granted are upon the express condition that the said company shall erect viaducts over its tracks on any street or streets of said city which may be crossed by its said tracks where and as the said board of public works or the common council may, from time to time, require: Provided, that said viaducts shall have approaches thereto on either side thereof; said approaches to have an elevation of not more than one foot to every forty feet in length, and that said approaches to said viaduct or viaducts shall likewise be erected, built and maintained at the expense of said railroad company: Provided, however, that said company shall not be required to erect more than two of such viaducts in any one year; and that where such viaducts cannot be built at any such crossing without the same be built over the track or tracks of some other railway company or companies, then said company shall only be obliged to join with such other last mentioned railroad company or companies, and to pay its fair proportion of the costs of such viaduct or viaducts, and that such viaducts shall be erected under the superintendence of and in such manner as said board of public works may require; but it is hereby provided that the first two viaducts to be erected in pursuance of this ordinance shall be, one over the Canal street crossing and one over the Halsted street crossing, and that if a viaduct shall be built over the said Canal street crossing before said La Salle and Chicago railroad shall lay down a track across said Canal street, the said La Salle and Chicago railroad company shall pay its fair proportion (with other railroad companies), of the costs of said last mentioned viaduct.

5. GRANT SUBJECT TO ORDINANCES.] SEC. 5. The said railroad company shall be subject to all general laws and ordinances of the common council of the said city, in relation to railroads.

6. INDEMNITY TO THE CITY.] SEC. 6. The permission and authority hereby granted are upon the further express condition that the said La Salle and Chicago railroad company shall and will forever indemnify and save harmless the city of Chicago against and from any and all damages, judgments, decrees and costs and expenses of same which it may suffer or which may be recovered or obtained against said city for or by reason of the granting of such privileges and authority, or for or by reason of, or growing out of, or resulting from the passage of this ordinance or any matter or thing connected therewith, or with the exercise by the said company of the privileges hereby granted.

7. CONDITIONS OF THE FRANCHISE.] SEC. 7. The permission and authority herein granted are upon the further express condition that said railroad company shall and will, within three years from the time that said company shall lay down and construct said track or tracks upon said streets, commence and prosecute in good faith, in some court of competent jurisdiction, proceedings for the ascertainment of and the making of compensation for all legal damages that may be suffered by any person or persons in their property or possessions by reason of such laying down and construction of such track or tracks or any part thereof; and that having so commenced such proceedings said railroad company shall prosecute the same in good faith, without unreasonable delay, to completion: Provided, that this section shall not apply to any property or possessions the owner of or party interested in which, shall not have claimed such compensation within said three years.

8. OTHER CONDITIONS AS TO TRACKS, ETC.] SEC. 8. The permission and authority herein granted are upon the further express condition, to wit: That said La Salle and Chicago railroad company shall permit any corporation, person or persons, duly authorized by ordinance of said city, to construct side tracks to intersect any track or tracks of said railroad company, within the limits of said city, for the purpose of conveying property to and from said railroad to any warehouse, lumber yard, coal yard or manufactory situated within one thousand (1,000) feet of such railroad, and upon reasonable compensation being made therefor shall, at all times, permit the owner or lessees of any such side track, or the consignees of any property, to take the cars containing such property to him or them consigned to any such warehouse, lumber yard, coal yard or manufactory situated upon any such side track; and

that any such owner, lessee or person conducting or carrying on any such warehouse, lumber yard, coal yard or mauufactory shall be entitled to have any property taken from any such warehouse, lumber yard, coal yard or manufactory over any such side track to and upon the track of said railroad, under the directions and regulations of said La Salle and Chicago railroad company, without unreasonable delay; Provided, however, that any cars so taken shall be returned without any unnecessary delay.

9. RECIPROCITY IN USE OF TRACKS.] SEC. 9. The privileges authorized herein are granted upon the express condition that the La Salle and Chicago railroad company shall permit any other railroad companies, not exceeding two in number, which have not at present any right of entrance into the city of Chicago under any ordinance or grant of said city, to use the said tracks hereby authorized to be laid on the streets herein named jointly with the said La Salle and Chicago railroad company (and to lay down tracks upon and across any lands owned, leased or occupied by the said La Salle and Chicago railroad company, when necessary to the exercise of the privileges hereby granted), upon such fair and equitable terms as may be agreed upon by said companies: and in the event that said companies cannot agree upon such terms, the same shall be settled by three disinterested persons, one to be selected by said La Salle and Chicago railroad company, one to be named by such other company as may desire to use said tracks, and the third by the said two persons, and the terms and conditions which shall be fixed and determined by said persons, or a majority of such persons, shall be the terms and conditions upon which said companies respectively shall use and occupy said tracks and lay down tracks upon and across said lands; and such other railroad companies which may be allowed the use of said tracks shall have the same privileges to run cars upon and across said streets and alleys as are herein granted to said La Salle and Chicago railroad company, and shall be subject to all the conditions, restrictions and terms contained in this ordinance,

10. CONDITIONS AS TO AQUISITION OF ROAD-BED, ETC.] SEC. 10. The rights and privileges hereby granted are upon the further express condition that the La Salle and Chicago railroad company shall purchase (and pay for the same), from all resident owners who may desire to sell the same, the property upon which they respectively now reside, fronting upon any street, before it lays its tracks upon the part of said street in front of the said property, and in case the property owners above referred to and said railroad company cannot agree upon the value of said premises as above stated, then said property owners shall select one person, said railroad company one person, and said two men so selected shall select a third person, and said three persons so selected shall be and are hereby constituted a committee of arbitration, and who shall appraise the value of said premises within thirty (30) days after said appointment, and the appraisement and decision of said three persons, or of a majority of such three persons, shall be final and binding upon said railroad company, and upon said property owners. The term "fronting" shall be held to include both fronts of corner lots: Provided, further, that this ordinance shall be null and void unless the tracks herein provided for shall be constructed within two years from the date of the passage thereof.

INDEX.