Title 46, Chapter 8, Section 128
( 46-8-128)
(a) Whenever any railroad over which a crossing is required is
obstructed or is not in good order at such crossing, a county
commissioner or an agent of the Public Service Commission where the
crossing is located shall notify the nearest agent or employee of
the company in writing to remove the obstruction or to put the
crossing in proper order within 15 days from the date of such
notice. (b) If the agent or employee of the company does not remove the
obstruction or put the crossing in proper order as required by
subsection (a) of this Code section, the obstruction shall be
removed or the necessary repairs made by the agent of the Public
Service Commission. Within five days after the agent has discharged
such duty, he shall report under oath, in writing, to the board of
county commissioners the extent and value of the services performed.
The board of county commissioners shall then issue execution, under
their hands and seals, directed to any lawful officer, for the
amount of such value and the costs of the proceeding against such
defaulting railroad company. The amount, when collected, shall be
paid to the persons who performed the labor, pro rata, and according
to the labor performed by each and shall be used for other expenses
of the work, if any. (c) The defendants may defend against such fi. fas. as provided by
law. |