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books and papers, and punish for contempt, in the same manner and to the same extent as justices of the peace. 64 V. III, S 5; 70 v. 276, $ 3; S. & S. 76.
$ 259. Penalty for officer, agent, or employe of railroad to
refuse to answer questionAn officer, agent, or employe of any railroad company who refuses to answer any question propounded to him by the commissioner in the course of any examination authorized by this chapter, shall be fined in any sum not less than fifty dollars nor more than five hundred dollars; and the property of the railroad company of which he is an officer, agent, or employe, is liable to be taken in execution to satisfy the fines and costs in such cases. 70 v. 76, $ 3.
$ 260. Statement required to be made by railroad com
paniesThe secretary of each railroad company, and of each telegraph company, now doing business, or whose line is in process of construction, or which may be hereafter organized in this state, shall, within thirty days after the election of the directors of such company, make out and forward to the commissioner of railroads and telegraphs a list of the officers and directors of their respective companies, giving the place of residence and post-office address of each; and thereafter, if any change occurs in the organization of the officers or board of directors of the company, shall notify the commissioner of railroads and telegraphs of the fact of such change, and the residence and postoffice address of each of the officers and directors. 70 v. 155, $ 1.
$ 261. Penalty for failure to comply
For a failure to comply with the provisions of the preceding section, any company so neglecting for thirty days after the time herein provided, shall be subject to the same penalties as attach for neglecting or refusing to make the required annual report to the commissioner of railroads and telegraphs. 70 v. 155, $ 2.
§ 262. Prosecutions
All prosecutions against railroad or telegraph companies, or any officer, agent, or employe thereof, for forfeitures, penalties or fines, without imprisonment, provided for in this chapter, and other sections of the statutes and laws of Ohio, if not otherwise specifically stated, shall be by civil action in the name of the state; and all prosecutions for penalties involving imprisonment shall be by indictment. Do O. L. 299.
Civil actionsThe civil action provided for in the next preceding section shall be brought by the prosecuting attorney of the proper county at the instance of said commissioner of railroads and telegraphs; and in case said commissioner fail to so instruct the said prosecuting attorney of the proper county, upon the written request of any taxpayer of the county to commence civil action provided for in the next preceding section, said prosecuting attorney shall do so, provided he is furnished with evidence which in his judgment will probably sustain such action, and if the action fail the costs in such case shall be adjudged against the county, except in such cases as hereinafter provided; provided, further, that where cause of civil action arises, as provided for in the next preceding section, within the boundary lines of any municipality, in addition to the provisions already provided for in this section for instituting prosecutions of civil action, the city solicitor of any municipality shall, when required so to do by resolution of the council adopted by a majority of the quorum, institute such proceedings and prosecute them to final judgment. When such action is so brought by a municipality and fails on final judgment in the supreme court, the cost thereof shall be adjudged against such municipality, and time for notice of appeal and giving of bond shall not apply to cases within the meaning of this act. 90 0. L. 299.
§ 264. Annual report to be made by the commissioner,
and what to containThe commissioner shall make to the governor, on or before the first day of January, of each year, a report of the affairs and condition of all the railroad and telegraph companies having lines in this state, and also of accidents on railroads resulting in injuries to persons, and the circumstances and cause thereof; and he shall include in his report such other information and such suggestions and recommendations as, in his opinion, are of importance to the state. 74 v. 33, S 12.
$ 265. Moneys collected shall be paid into the state
treasury-Fees of prosecuting attorneysAll money arising from suits in the name of the state, or prosecutions against railroad companies or against any of their officers, or employes, for violation of any of the provisions of law relating to railroads, shall be paid into the state treasury; but prosecuting attorneys shall, for any moneys collected therein by them, be allowed ten per centum thereof for their services. 64 v. III, $ 7; S. & S. 77.
Powers. 3270. May contract and maintain a railroad,
etc., and where. 3271. How terminus fixed in certain case. 3272. How line or termini may be changed. 3273. Change to be certified to secretary of
3274. Mortgage covers line as changed.
tain subscriptions canceled.
make such change. 3279. Certain companies may extend road
into other state. 3280. May construct branch roads. 3281. May enter upon and appropriate land
for certain purposes. 3282. What lands a company may acquire. 3283. How right to occupy road, street, al
ley, etc., may be acquired. 3284. May divert road or stream when nec
essary. 3285. May construct its bridges as toll
bridges; tolls thereon. 3286. May issue bonds for certain purposes,
and secure same by mortgage. 3286-1. Bonds of narrow gauge railroad. 3287. May borrow money, and secure the
same by pledge of its property. 3288. How mortgage or pledge may be made. 3289. Where such mortgage to be recorded. 3290. How directors to dispose of securities. 3291. Directors may open transfer books in
other states 3292. When directors may elect a vice-presi
When directors may elect a treasurer. 3294 Number of directors may be increased
sections. 3298. Subscriptions payable on completion of
road authorized. 3299. Certain property of certain companies
exempt from execution. 3300. When a company may aid another, or
lease its road. 3301. Two-thirds of stockholders of com
pany must assent to proceedings
under sec. 3300. 3302,
How a dissenting stockholder may sell
his stock. 3303 When the court may appoint arbi
trators. 3304. Notice of application therefor-how
given. 3305. A lease without security void. 3306. How an extension of a line authorized. 3307
For what purposes capital stock may
“ Common or "preferred" stock is
sued; sale thereof.
Facts to be certified to the secretary of
3310-1. Electricity as motive power.
Regulations. 3311. Must establish a principal office. 3312. Record to be kept at offices open to in
spection. 3313. Securities sold to directors under par,
quired. 3337-11. Purchase or appropriation of land. 3337-12. Apportionment of cost, 3337-13. Repairs. 3337-14. Bonds and tax. 3337-15. Claims for damages. 3337-16. Enforcement of agreement by com
pany. 3337-17. Crossing county line. 3337-18. Required height of bridges, etc.,
over tracks. 3337-19. Enforcement of preceding sections. 3338. Whole track to be of uniform gauge. 3339
When tracks must be used in common. 3340. When connections may be made. 3341. When companies must transport cars
of other companies. 3342. Ways for water must be provided. 3343. Proceedings to enforce preceding sec
tion. 3344. When the probate judge may let the
Sale of the work, and proceedings
thereon. 3346. Fees of officers in such cases. 3347
Movable bridge between passenger
cars required. 3348. Penalties for violation of preceding
section. 3349. When two preceding sections do not
apply. 3350. Commissioner of railroads must
appointment. 3316. Acts of such persons void, and pen
alties. 3317. Authority obtained to bridge canals
and navigable waters. 3318. Certain bridge established. 3319. Attorney-general to enforce section
three thousand three hundred and
seventeen, 3320. Passenger trains must stop at certain
stations. 3321. Land covered by right of way not to
be taxed to owner. 3321-1. Schedule of time of trains required. 3321-2. Penalty. 3322.
When release of right of way papers
to be recorded 3323 Must erect sign-boards at road cross
ings. 3324. Must construct and maintain fences,
crossings and cattle-guards. 3325. When land-owner may construct fence
at company's expense. 3326. Company to keep fence in repair. 3327. When private crossings must be built.
When land-owner may build at com
pany's expense. 3329. When five preceding sections do not
apply. 3330. When company may build fence at
land-owner's expense. 3331. Penalties for not constructing and re
pairing fences, etc. 3332 Right of land-owner to use culvert,
etc., for cattle-way. 3333 Railroad crossings-how to be made. 3334
Rules to be made and published. 3335.
Penalties for violations of section three
thousand three hundred and thirty
three. 3336. Signals at road-crossings. 3337. Penalties for violations of preceding
section. 3337-1. Bridges over railroad crossings, 3337-2. Council may prohibit switching, etc. 3337-3 When companies must build and
maintain crossings, etc. 3337-4. Service of notice. 3337-5
When crossings, etc., must be com
pleted. 3337-6. Crossings must be kept clear of
snow. 3337-7. Penalties.
Manner of altering or abolishing
crossings. 3337-9. Resolution pertaining to same.
force certain sections. 3351. Heating apparatus described. 3352. Repealed. 3353 How passenger cars to be lighted. 3354. Penalties for violation of certain sec
tions. 3354-1. Regulating distance from platform
to step 3354-2. Equipment of passenger trains with
fire extinguishers. 3354-3. Requirements of extinguishers. 3354-4. Location of extinguishers. 3354-5. Steam railroad company to maintain
Enforcement of preceding section. 3355.
When and how freight-ways may be
constructed 3356. When plan of freight-way must be ap
proved by commissioner. 3357
How railroad scrap metal shall be
Penalties for violation of last section. 3359. What is the evidence of title to such
scrap. 3360. When a mixture of such scrap deemed
a confusion of goods.
SECTION 3361. Company may replevy scrap; pro
ceedings in the action. 3362. Penalties for obstructing the laying of
a track. 3363. When and how a company may dis
solve. 3.364. When companies must cross streams
on the same bridge. 3365. Proceedings to appropriate joint use of
bridge. 3365-1. Spark arresters required on locomo.
tives. 3355-2. Penalty for failure to provide same. 3365-3. Right of way free from combustibles. 3365-4. Abutting owner may remove com
bustibles. 3365-5. Liability for loss by fire. 3365-6. Evidence of negligence. 3365-7. Attorney's fee in litigation. 3365-8. Section 3365-6 applies to pending ac
tions. 3365-9. Employment of color-blind persons
forbidden 3365-10. Penalty. 3365-11. Qualifications of conductors, en.
gineers and flagmen. 3365-12. Penalty. 3365-13. Commissioner to enforce act. 3365-14. Hours of employes limited. 3365-15. Penalty. 3365-16. Commissioner to enforce act. 3365-17. Engineers addicted to drink no: to
be employed. 3365-18. Blocking of frogs, etc., required. 3365-19. Penalty. 3365-20. Certain rules and contracts forbid
den, etc. 3365-21. Use of defective machinery prima
facie evidence of negligence. 3365-22. Superior officer and fellow servant
defined. 3365-23. Automatic couplers and air-brakes. 3365-23a Semi-annual reports required. 3365-26. Immediate report required. 3365-27. Penalty. 3365-28. Construction of overhead wires. 3365-29. Duty and power of commissioner.
Not to discriminate between way and
through freight. 3373 Nor against points in the state. 3373-1. Equal facilities to be furnished ship
pers. 3373-2. Telegraph message to be sent for
passenger delayed by accident or
collision. 3374. Rates of passenger fare prescribed. 3375
Rates of freight prescribed. 3375a. Physicians may ride on freight trains
in certain cases. 3376. Penalties for violation of two preceding
sections. 3377 When the three preceding sections do
not apply. 3378. Rates of fare and freight on branch
roads. 3378a. When contracts for sale of railroad
property invalid. 3378b. Conditional sale under lease title
pending payment. 3378c, Filing contract with secretary of state. 3378d. Application of sections 3378a, b, c,
and d. 3378-1. R. R. companies may issue storage
or warehouse receipts. 3378-2.
Bicycles defined as baggage. 3378-3. R. R. companies required to furnish
bills of lading 3378-4. Penalty
Consolidation. 3379. When companies whose roads are in
the state may consolidate. 3380. When company may consolidate with
foreign company. 3381. Proceedings to effect consolidation.
Acts to cure defects in consolida
tion agreements. 3382. Effect of the agreement to consolidate. 3382-1. To cure defects in consolidation
agreements. 3382-2. Other defects cured in consolidation
agreements. 3382-3. Other defects cured in consolidation
agreements. 3383. Election of directors of new company. 3384. Property of the old companies vests in
the new 3384a. New company may dispose of stocks
and bonds of old companies. 3384b. New company may issue stock in lieu
of purchase-money, and acquire
franchises, etc., of old companies. 3385. Principal office to be established. 3386. Actions against new company. 3387. Taxation of road partly in this state. 3388. Stockholder refusing to consolidate,