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Provisions of

to fix their own rates.

coinpany liable, and

violation.

Amount of

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 to is Act apply apply to all property, and the receiving, delivery, loading, property. 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 railrouds, 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. Railroad 900. Sec. 7. Each and every act, matter, or thing in this

Act declared to be unlawful, is hereby prohibited, and in case penalties for any person or persons, as defined in this Act, engaged as afore

said, 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 Penalty. each offense forfeit and pay a penalty of not less than two thou

sand 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 penalty 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 aforeagents, etc., must testify said, or any receiver, trustee, or person aforesuid, or any of if required. them alone, or with any agent of any such corporation or com

pany, receiver, trustee or person aforesaid, or any other person or persons, party or parties, may and shall be compelled to

recovered.

Informer receives onehalf of

granted.

oficers,

.

witnesses, how com

al pear.

Accrued dam.

for action.

Causes of

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 muust 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 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 other 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 nionth 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 damiges be sustained in one month or in different months; and such separate causes of action may be joined in the same action must action. No action aforesaid shall be sustained unless brought within one within one year after the cause of action shall accrue.

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.

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 transportution of material or supplies for the construction of other railroads

year.

be excepted.

Meaning of "person or persons."

within the state, or from a point within the state to a point beyond its boundaries.

903. Sec. 10. The word “person or persons” as used in this Act, except where otherwise provided, shall be construed and held to mean person or persons, company or companies, corporation or corporations, officer or officers, receiver or receivers, trustee or trustees, lessee or lessees, agent or agents, or other person or persons acting or engaged in any of the matters and things mentioned in this Act.

An Act concerning railroad corporations or companies.

Approved March 6, 1879, 81.

Signatures by proxy to arti. cles of asso

legalized.

904. Section 1. All railroad corporations or railroad

companies, organized and acting in the manner and form of cintions, etc., such corporations or companies, whose projectors or promoters

have filed articles of association in the office of the Secretary of State, for the purpose of being incorporated, but which articles of association may be defectively acknowledged, or may in some manner be defective, owing to said articles of association appearin to be signed by the proxy of some of the subscribers to said articles of association instead of in person. Said articles of association, so executed and filed, are hereby legalized and declared to be as valid as if said articles of association, when filed, had been properly signed and acknowledged.

903. SEC. 2. Nothing herein contained shall be construed so as to impair any rights which have heretofore been acquired or vested in any person whatever.

How construed.

An Act to encourage the construction of cheap transportation lines.

Approved March 10, 1875, 157.

Corporations 906. SECTION 1. Any number of persons, not less than faritramalom three, in this state or the United States, being subscribers to the poses author- stock of any contemplated transportation company, may form

posed canal or flume, shall have been subscribed, and ten per cent. in cash of the amount so required to be subscribed shall have been actually and in good faith paid to a Treasurer, to be named and appointed by said subscribers from among their number, then the said subscribers, either in person or by written proxy, after havin' received at least five days notice from said Treasurer of a meeting of said subscribers for the purpose, may adopt articles of association, and may elect from among the subscribers to said articles not less than three nor more than tive Directors; and by complying with the provisions of an Act entitled "An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other Benefits of

general law. matters relating thereto," approved March twenty-second, one thousand eight hundred and sixty-five, and amendments thereto, approved, severally, Februrry twenty-seventh, one thousand eight hundred and sixty-nine, February ninth, one thousand eight hundred and seventy-one, anu February twenty-first, one thousand eight hundred and seventy-one, except as otherwise provided in this Act, they, their associates and assigns, shall be entitled to all the rights, privileges, and franchises relating to right of way, depots, acquiring and using property, and other Right of way, rights which are granted to railroad corporations in said rail- etc. road Act, approved March twenty-second, one thousand eight hundred and sisty-five, and the several amendments thereto, above mentioned, except as herein provided.

907. Sec. 2. Every corporation so formed shall have Powers of power to construct, own, operate, and maintain flumes, canals, ticus. and railroads for the transportation of wood, lumber, and other freight, adapted to the respective lines of transportation, and may construct said railrouds with a single track, or with gauge, and of such materials, and may operate such roads with such motive power, as such corporations may determine.

908. Sec. 3. Persons entitled and desiring to incorporate Sketch map under the provisions of this Act, for the purpose of construct- tion of route ing such transportation lines between two or more points in to be filed. this state, may tile a sketch-map and general description of the proposed route or routes, in the office of the County Recorder of the counties within or through which such routes may run, and such filing shall confer upon such persons so filing, their associates and assigns, the right to such routes thus designated; prorided, that such persons, their associates and assigns, shall, within thirty days from such filing, proceed to make and complete, without unreasonable delay, an accurate final or locating Final sursurvey of such routes, and shall file a map and profile of the vey, etc. same, as required by the aforementioned Act, approved March twenty-second, one thousand eight hundred and sixty-five, and the several amendments thereto.

909. Sec. 4. Corporations owning or operating flumes, Operation of canals, or railroads under this Act, in the mountains, or depending almost wholly on the mountains for freight, shall not be forined under required to operate the same more than six months per year, nor shall they be obliged to carry passengers.

such corporeApplication of provisions of Act.

transportation lines

Act.

910. SEC. 5. The provisions of this Act, as to the amount of stock to be subscribed, and the amount of cash to be paid in, shall not apply to railroads of a wider gauge than three feet.

An Act concerning petitions of tarpayers in aid of the construc

tion of railroads in the several counties of this state.

Approved March 3, 1881, 120.

Railrond

in ascertuin. ing amount of taxable property in Castig of county aid

911. SECTION 1. In any and all counties in this state property or wherein county aid is proposed to be extended to encourage the computation construction of a railroad, and the issuance of the bonds of

such county, for such purpose, is dependent upon a petition of persous representing a majority of the taxable property in such

county, the amount of property therein owned by any railroad dependent

company shall be excluded from computation in ascertaining the upon peti- total amount of taxable property, in such county, and in further

ascertaining what shall constitute a majority of the taxable property therein.

tions.

An Act to provide for the proper care of live stock by transporta

tion companies.

Approved March 7, 1835, 73.

Duties of railroad

912. Section 1. No company operating any railroad in companies in this state shall, in carrying and transporting any cattle, sheep transporting or hogs in car-load lots, confine the same in cars for a longer

period than thirty-six consecutive hours without unloading for rest, water and feeding, for a period of at least ten consecutive hours. In estimating such time of confinement the period in which the animals have been confined without such rest on con

necting roads shall be computed. May charge

913. Sec. 2. In case the owner or person in charge of

such animals refuse or neglect to pay for the feed and care of ts owners in the animals so rested, the railroad company way charge the certain cases. expense thereof to the owner or consignee, and retain a lien

upon the animals until the same is paid. This Act shall take effect and be in force from and after its approval.

expense of

An Act to aid in carrying out the provisions of the Pacific

Railroad and Telegraph Act of Congress, and other matters relaling thereto.

Approved March 9, 1866, 254.

914. Section 1. Whereas, by the provisions of an Act of Congress entitled “An Act to aid in the construction of a rail

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