§ 100. Temporary leave granted by court to a street surface railroad;
bond. Whenever the railroad or route of any street surface railroad
corporation shall intersect and cross, or shall cross the tracks and
roadbed of any railroad, operated by locomotive, steam or other power,
which are laid in, across or upon the surface of any street, avenue,
road or highway in any city, town or village of the state, having less
than five hundred thousand inhabitants and such street surface railroad
corporation having been unable to agree with the corporation owning the
tracks and roadbed so intersected or to be intersected and crossed, as
to the line or lines, grade or grades, points or manner of such
intersection and crossing, or upon the compensation to be made therefor,
shall have applied to the court by petition to appoint commissioners to
determine the same, the court shall upon application made by such street
surface railroad corporation, at, or after, the time of the appointment
of such commissioners, or if an answer to the petition of such street
surface railroad corporation has been interposed, at any time
thereafter, direct that such street surface railroad corporation be
permitted to lay its tracks across, and to intersect, upon the surface
of the street, avenue, road or highway, the tracks and roadbed of such
railroad operated by locomotive steam or other power, provided such
street surface railroad corporation shall at the time of obtaining such
order, make and file with the clerk of said court, its bond or
undertaking in writing, in an amount and with surety or sureties to be
approved by the court, conditioned for the full and faithful performance
by such street surface railroad corporation of any and all conditions
and requirements which may be imposed by said commissioners and be
affirmed by the court, in determining the line or lines, grade or
grades, points or manner of such intersection and crossing and as to the
amount of compensation to be paid therefor, and also conditioned to
conform such crossing and intersection made by virtue of such order of
the court to the requirements made by said commissioners as affirmed by
the court.