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contracted while they are stockholders or officers thereof, and shall likewise be guilty of a misdemeanor, and shall be fined in any sum not exceeding one thousand dollars, in any court having jurisdiction, and disqualified from holding any office of trust or profit in such company.

dividends

890. SEC. 56. If the Directors of such company shall Payment of declare and pay any dividend when the company is insolvent, when or any dividend the payment of which would make it insolvent, insolvent. they shall be jointly and severally responsible for all the debts of the company then existing, and for all that shall thereafter be contracted, so long as they shall respectively remain in office; provided, that if any of the Directors shall be absent at the time of making the dividends, or shall object thereto, and shall, within thirty days thereafter, or after their return, if absent, file a certificate of their absence, or objections, with the Secretary of the company, and with the Clerk of the county or district court of the county in which the principal office of said company is located, they shall be exempt from all liability. All the existing railroad companies in this state may acquire Acceptance to and may be possessed of all the powers, rights, and benefits conferred by this Act, fully and completely, by filing a written retary of acceptance thereof in the office of the Secretary of State, signed by all the Directors of said company, and attested by the President and Secretary thereof, with the seal of such company affixed thereto; and the acceptance of any part of this Act shall be deemed and taken to be an acceptance of the whole Act, and a surrender of the Act or Acts under which the company may be organized. Thereupon such company shall possess all of such powers, rights, and benefits so accepted, and be subject to all of the obligations and restrictions herein specified, as fully and completely as they would have had and been if organized under this Act.

be filed in office of Sec

State.

construction.

891. SEC. 57. All railroads built by companies incor- Kind of rail porated under the provisions of this Act shall be constructed to be used in with the best quality of iron rail known as T rail and H rail, or other patterns of equal utility; provided, the provisions of this Proviso. section shall neither apply to tracks laid down in streets of incorporate cities or towns, nor other railroads operated by animal

power.

892. (SEC. 2.) Section two of an Act entitled an Act to Acts repealed. amend an Act entitled "An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto," approved March twentysecond, eighteen hundred and sixty-five; approved March nine, eighteen hundred and sixty-six, and an Act entitled an Act to amend an Act entitled an Act to amend an Act entitled "An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto," approved March twenty-second, eighteen hundred and sixty-five; approved March ninth, eighteen hundred and sixtysix; approved February sixteenth, eighteen hundred and sixtynine, are hereby repealed.As amended, Stats. 1871, 65.

17

Street railroads.

893. SEC. 58. Corporations may be formed under this Act for the purpose of constructing, running, operating, and maintaining a street railroad, or railroads, being wholly within the limits of a city, and county, and town, under a franchise or franchises heretofore given to any such company or companies.

Discrimination unlawful

by railroads wholly or in

state.

in this

tutes dis

furnished.

Property

An Act to prevent discrimination in fares and freights by railroad companies whose railroads run through the State of Nevada, or by railroad companies, the terminus or termini of whose railroads are within the State of Nevada.

Approved February 12, 1879, 28.

894. SECTION 1. It shall be unlawful for any person or persons engaged alone or associated with others in the transportation of property by railroad, whose railroads are wholly or in part in the State of Nevada, from any boundary of said state, to any point in said state, or from any point in said state to any boundary of said state, or from one point in said state to any What consti- other point in said state, directly or indirectly, to charge to or crimination. receive from any person or persons any greater or less rate or amount of freight, compensation, or reward than is charged to or received from any other person or persons for like and contemporaneous service in the carrying, receiving, delivering, storing, or handling of the same; and all persons engaged as Transporta aforesaid, shall furuish, without discrimination, the same facilition facilities ties for the carriage, receiving, delivery, storage, and handling of all property of like character, carried by him or them, and shall perform with equal expedition the same kind of services connected with the contemporaneous transportation thereof as aforesaid. No break, stoppage, or interruption, nor any contract, agreement, or understanding shall be made to prevent the carriage of any property from being, and being treated, as one continuous carriage in the meaning of this Act, from the boundary line of the State of Nevada, to the place of destination if within said state, or from the place of shipment if interruption within said state, to the boundary of said state, or from the to prevent place of shipment to the place of destination if said place of shipment and destination be within said state, unless such stoppage, interruption, contract, arrangement, or understanding was made in good faith for some practical and necessary purpose, without any intent to avoid or interrupt such continuous carriage, or to evade any of the provisions of this Act. Tunlawful to 895. SEC. 2. It shall be unlawful for any person or persons engaged in the transportation of property as aforesaid, directly or indirectly, to allow any rebate, drawback, or any other advantage in any form, upon shipments made or services rendered as aforesaid by him or them.

treated and considered

as one continuous carriage.

No break, stoppage or

continuous

carriage.

Proviso.

allow rebates, drawbacks,

etc.

896.

make combi

tinuous

SEC. 3. It shall be unlawful for any person or per- Unlawful to sons engaged in the carriage, receiving, storage, or handling of nations to the property, as mentioned in section one of this Act, to enter prevent coninto any combination, contract, or agreement by changes of carriage. schedule, carriage in different cars, breaking car loads into less than car loads, or by any other means, with intent to prevent the carriage of such property from being continuous from the boundary line of the State of Nevada to the place of destination, if such place of destination be within said state, or from the place of shipment, if such place of shipment be within said state, to the boundary of said state, or from the place of shipment to the lace of destination, if said places of shipment and destination be within said state, whether carried on one or several railroads; and it shall be unlawful for any person or persons, carrying property as aforesaid, to enter into any contract, agreement, or combination for the pooling of freights, or to pool the freights of different and competing railroads, by dividing between them the aggregate or net proceeds of the earnings of such railroads or any portion of them.

I

ceive greater

tion for

erty in one

carriage.

and keep

shall state.

897. SEC. 4. It shall be unlawful for any person or per- Unlawful to sons engaged in the transportation of property, as provided in charge or re section one of this Act, to charge or receive any greater com-compensa pensation per car load, or part thereof, of similar property, for transportacarrying, receiving, storing, forwarding, or handling the same tion of propfor a shorter than for a longer distance in one continuous car-continuous riage.As amended, Stats. 1879, 112. 898. SEC. 5. All persons engaged in carrying property, Must adopt as provided in section one of this Act, shall adopt and keep posted up posted up schedules, which shall plainly state: First-The schedules. different kinds and classes of property to be carried. Second- Schedules The different places between which such property shall be carried. Third-The rates of freight and prices of carriage between such places, and for all services connected with the receiving, delivery, loading, unloading, storing, or handling the same. Such schedules may be changed from time to time as hereinafter provided. Copies of such schedules shall be printed in plain, large type, at least the size of ordinary pica, shedules, and shall be kept plainly posted for public inspection, in at where posted. least two places in every depot where freights are received or delivered, and no such schedule shall be changed in any purticular, except by the substitution of another schedule containing the specifications above required, which substitute schedule shall plainly state the time when it shall go into effect, and copies of which, printed as aforesaid, shall be posted as above provided at least five days before the same shall go into effect, and shall remain in full force until another schedule shall, as How long to aforesaid, be substituted. And it shall be unlawful for any remain in person or persons engaged in carrying property on railroads, as aforesaid, after thirty days after the passage of this Act, to charge or receive more or less compensation for the carriage, receiving, delivery, loading, unloading, handling, or storing of any of the property contemplated by section one of this Act,

force.

Provisions of this Act apply to all

property.

than shall be specified in such schedule as may at the time be in force.

899. SEC. 6. Each and all the provisions of this Act shall apply to all property, and the receiving, delivery, loading, unloading, handling, storing, or carriage of the same, on one actually or substantially continuous carriage, as provided for in section one of this Act, and the compensation therefor, whether such property be carried wholly on one railroad or partly on several railroads, and whether such services are performed, or compensation paid, or received, by or to one person alone or in All railroads connection with another or other persons; provided, that each and every railroad company, as aforesaid, shall fix its own rate or rates in its schedule; and such rate or rates, in such schedule so fixed, shall not govern or affect the rate or rates of any other railroad company; and, provided further, that such rate or rates, in such schedule so fixed, shall not exceed the rate or rates now allowed to be charged by law.

to fix their own rates.

Railroad company liable, and

penalties for violation.

Amount of

recovered.

Penalty.

900. SEC. 7. Each and every act, matter, or thing in this Act declared to be unlawful, is hereby prohibited, and in case any person or persons, as defined in this Act, engaged as aforesaid, shall do, suffer or permit to be done, any act, matter, or thing, in this Act prohibited or forbidden, or shall omit to do any act, matter, or thing in this Act required to be done, or shall be guilty of any violation of the provisions of this Act, such person or persons shall forfeit and pay to the person or damages, how persons who may sustain damages thereby, a sum equal to three times the amount of damages so sustained, to be recovered by the person or persons so damaged, by suit in any district court of the State of Nevada where the person or persons causing such damage can be found, or may have an agent, office or place of business; and the person or persons so offending shall for each offense forfeit and pay a penalty of not less than two thousand dollars, to be recovered by the State of Nevada, by action in any district court in the State of Nevada aforesaid, one half of such penalty or penalties, when collected, to be paid to the informer. Any action to be brought as aforesaid, to recover any such penalty or damages, may be considered, and if so brought, shall be regarded as a subject of equity jurisdiction and discovery, and affirmative relief may be sought and obtained therein. In any such action, so brought as a case of equitInjunctions able cognizance, preliminary or final injunctions may, without allegation or proof of damage to any plaintiff or complainant, be granted upon proper application, restraining, forbidding and prohibiting the commission or continuance of any acts, matters, or things, within the terms or purview of this Act prohibited or forbidden. In any action aforesaid, and upon any application for any injunction above provided for, any Director, officer, receiver or trustee of any corporation or company aforesaid, or any receiver, trustee, or person aforesaid, or any of if required. them alone, or with any agent of any such corporation or company, receiver, trustee or person aforesaid, or any other person or persons, party or parties, may and shall be compelled to

Informer

receives onehalf of

penalty.

granted.

Officers,

agents, etc.,

must testify

to be used in

be submitted.

attend, appear and testify and give evidence; and no claim that such testimony or evidence might, or might tend to, criminate the person testifying or giving evidence, shall be of any avail; but such evidence or testimony shall not be used as against such person on the trial of any indictment against him. The attend- Evidence not ance and appearance of any of the persons who, as aforesaid, indictment. may be compelled to appear and testify, and the giving of the testimony or evidence by the same respectively, and the production of books and papers thereby may and shall be compelled, the same as in the case of any other witnesses; and in case any Books and such deposition or evidence, or the production of any books or papers must papers, may be desired or required for the purpose of applying for or sustaining any injunction aforesaid, the same, and the Evidence and production of books and papers, may and shall be had, taken witnesses, and compelled by or before any Clerk of the district court, in pelled to any of the judicial districts in the State of Nevada, or in any manner provided for or to be provided for, as to the taking of Accrued damother depositions or evidence, or the attendance of witnesses, ages, cause or the production of other books or papers in or by the statutes of Nevada. In actions to be brought as aforesaid, damages sustained in the period of a month or part of a month, may be action joined. regarded as and counted or declared upon or complained of generally, and as one separate cause of action; and so, whether such damages be sustained in one month or in different months; and such separate causes of action may be joined in the same No action aforesaid shall be sustained unless brought within one within one year after the cause of action shall accrue.

action.

how com

appear.

for action.

Causes of

Action must

be brought

year.

901. SEC. 8. Any Director or officer of any corporation or who liable. company acting or engaged as aforesaid, or any receiver or trustee, lessee or person acting or engaged as aforesaid, or any agent of any such corporation or company, receiver, trustee, or person aforesaid, or of any of them alone, or with any other corporation, company, person, or party, who shall directly or indirectly do, or cause, or willingly suffer or permit to be done, any act, matter or thing in this Act prohibited or forbidden, or directly or indirectly aid or abet therein, or shall directly or indirectly omit or fail to do any act, matter or thing in this Act required to be done, or cause or willingly suffer or permit any act, matter or thing, so directed or required to be done, not to be so done, or shall directly or indirectly aid or abet any such omission or failure, or shall directly or indirectly be guilty of any infraction of this Act, or directly or indirectly aid or abet therein, shall be guilty of a misdemeanor, and upon conviction Penalty. thereof shall be fined not less than two thousand dollars.

be excepted.

902. SEC. 9. Nothing in this Act shall apply to the car- Freights may riage, storage, receiving, handling or forwarding of the property' of the United States at lower rates of freight and charges than to the general public, or to the transportation of articles free or at reduced rates for charitable purposes, or to or from public fairs or expositions for exhibition, or to the transportation of

material

or supplies for the construction of other railroads

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