Section 86
SEC. 86. In addition to other powers conferred by Chapter I, the railroad corporation shall enjoy the following powers, privileges, and exemptions: To occupy, with the prior approval of the Government of: the Philippine Islands, any part of the public domain necessary for the purposes of the enjoyment of its franchises. Private lands may he acquired by the corporation in accordance with the exercise of the power of eminent domain in the manner provided in Act 'Numbered One hundred and ninety, and amendments thereto. To construct, alter, substitute, maintain, and operate the; railway, make or construct all buildings, stations, shops, plants, : tunnels, embankments, aqueducts, bridges, or other structures, wharves, roads, ways, passages, conduits, drains, piers, arches, cuttings, and fences on lands acquired or on which the necessary right has been obtained, and to cross any railway, tramway, river, stream, water course, lake, canal, shore, road, and highway where the necessary right has been obtained from those public or private corporations or individuals whose rights will be affected, also to direct or alter, as well temporarily as permanently, the course of any river, stream, water course, or highway, or raise or sink the level thereof, in order the more conveniently to carry the same across, over, under, or by the side of the railroad, when the consent of the owners of rights or interests- which may he prejudiced, or injured shall have been obtained through contract or when compensation shall have been duly made for tin.' injury after proper condemnation proceedings. For the purposes of the railroad and on lands lawfully acquired, to open quarries, to collect stone to cut timber, to mine for materials, and to build and operate kilns for lime, gypsum, and brick. To conduct water to the railroad for the use of the same and to acquire, by condemnation proceedings or contract, the necessary land for such roads; as may be required to give access to the railroad stations from public roads or streets in the vicinity. In case of refusal, neglect, or failure to pay proper charges for the transportation of freight, goods, or luggage to destination, the railroad corporation shall have the right to detain the freight transported until such time as the amount due shall be paid. If the payment of the rates of transportation on goods carried or transported by the railroad to their destination should not be effected within fifteen days after demand for payment, the corporation may apply to the justice of the peace of the municipality in which such goods are situate for their sale at public auction, and said justice of tin; peace, after giving notice of the application to the owner or consignee of the goods, shall order the sale at public auction of said goods or so much thereof as may be necessary to cover the expenses and costs of transportation and costs and expenses of sale. Notice of the sale shall he posted for at least five clays prior to the sale in three of the most public places in the municipality in which the goods are situate. Freight, goods, or luggage transported to destination by the corporation and not called for by the owner or consignee for a period of two mouths after arrival may be sold at public auction after the making of the application, the securing of the order, and the giving of the notice of sale prescribed by paragraph five of this section. In case of the refusal or failure to pay proper charges for the transportation of goods or freight of a perishable nature or in case the owner or consignee should refuse to receive such goods or can not be found or is unknown, application for their sale may be made to the justice of the pence for the municipality in which they are situate, and after satisfying himself that said goods are perishable and likely to deteriorate if held by the railroad corporation he may order their sale within such time and after giving such notice as to him may seem proper. The proceeds of sales made in accordance with paragraphs five, six, and seven of this section shall be applied first to the payment of the cost and expenses of said sales, and second, to the payment of freight and charges of the railroad corporation on said goods. After payment of costs and expenses of sale and the freight and charges of the railroad, the balance, if any there be, shall be deposited to the credit of the owner or consignee of the goods with the provincial treasurer of the province in which the sale took place, or if the sale took place in the city of Manila, then with the Insular Treasurer.