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siding and stopping places, estublished for receiving and discharging way passengers and freight, and shall take, transport, and discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare therefor.
880. Sec. 46. In cases of refusal by such company, or Company to their agents, so to take and transport any passengers or prop-pas dumerty, or to deliver the same at the regular appointed places, such company shall pay to the party aggrieved all damages which shall be sustained thereby, with costs of suit.
881. Sec. 47. It shall be unlawful to place baggage, Arrangement freight, merchandise, or lumber cars in the rear of passenger cars; and for any violations of the provisions of this section the company shall be liable, upon complaint of the party complaining, in the sum of five hundred dollars ; and the person, agent, Misdemeanor Director, or officer, so causing the cars to be placed, shall be guilty of a misdemeanor, and upon conviction of such offense shall be fined in any sum not exceeding five hundred dollars, or imprisonment in the county jail for three months, or both such fine and imprisonment; and should any accident happen to life or limb by such unlawful arrangement of cars, the person, agent, Director, or officer who so directed or suffered such arrangement, shall be guilty of felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for any term not less than three nor more than ten years.
882. Sec. 48. In case any passenger on any railroad shall when liable. be injured on the platform of a car, or any baggage, wood, gravel, or freight cars, in violation of the printed regulations of the company, posted up at the time in a conspicuous place inside of its passenger cars then in the train, or in violation of verbal instructions given by any officer of the train, such company shall not be liable for the injury; prorided, said company, at the time, furnished room inside of its passenger cars sufficient for the accommodation of its passengers.
883. Sec. 49. If any passenger shull refuse to prepay his conductor fare, or toll, upon demand, it shall be lawful for the conductor of the train, and the employes of the company, to put him out of the cars at any stopping place the conductor may elect.
884. Sec. 50. Every conductor, baggage master, engineer, Officers to brakesman, or other employe of any railroad company employed wear badge. in a passenger train, or at stations for passengers, shall wear upon his hat, or cap, or in some conspicuous place on the breast of his coat, a badge which shall indicate his office or station, and the initial letters of the name of the company by which he is employed. No conductor, or collector, without such badge, shall demand, or be entitled to receive, from any passenger, any fare, toll, or ticket, or exercise any of the powers of his office, or station, and no one of said officers or employes, without such badge, shall have any authority to meddle or interfere with any passenger or property.
885. Sec. 51. It shall be unlawful for any such railroad
may eject passengers.
company to charge more than ten cents per mile for each passenger, and twenty cents per mile for each ton of freight transported on its road ; and for every transgression of such limitation the company shall be liable to the party suffering thereby treble the entire amount of fare or freight so charged to such party ; provided, that in no case shall the company be required to receive less than thirty-five cents for any one lot of freight for
any distance. Penalty for 886. Sec. 52. If any person, while in charge of a locointoxication. motive engine running upon any railroad for such company, or
while acting as a conductor of a car, or train of cars, on any such railroad, be intoxicated, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding one thousand dollars, or imprisoned in the county
jail pot exceeding six months. Injuries to 887. Sec. 53. If any person or persons shall willfully do,
or cause to be done, any act or acts whatever whereby any building, construction, or work of any kind of any such company, or any engine, machine, or structure, or any matter or thing appertaining to the same, or track of said road, or any property or thing belonging to or appertaining to such railroad, shall be stopped, obstructed, impaired, weakened, injured, or destroyed,
such person or persons so offending shall be guilty of a misdePenalty. meanor, and shall forfeit and pay to said company treble the
amount of damages sustained by means of such offense, besides a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment, in the discretion of the court; and if, by reason of any unlawful act, any accident should happen to life or limb of any person riding or being in the cars of such railroad, then such person or persons shall be guilty of felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for any term not less than three nor more than ten years. It shall be unlawful for any person or persons engaged in mining or other pursuits, to tunnel, drift, or in any manner excavate under or upon any land belonging to any railroad company, without the consent of such company; and any person so offending shall be liable to the fine and imprisonment hereinbefore mentioned, whether injury results to any person by
reason thereof or not. Percentage to 888. Sec. 54. If such railroad company shall not, within be charged. two years after the filing of its original articles of association,
begin the construction of its road, and expend thereon at least
dividends ', when
be fileri in
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.
890. Sec. 56. If the Directors of such company shall Payment of declare and pay any dividend when the company is insolvent, 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.
891. Sec. 57. All railroads built by companies incor- kind of rail porated under the provisions of this Act shall be constructed to be truc ti ón. 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 track s 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,
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.
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.
part in this state.
Discrimina- 894. Section 1. It shall be unlawful for any person or tion u:lawful by railronds persons engaged alone or associated with others in the transporhell onin tation 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 That consti. other point in suid 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 furnish, 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 shull perform with equal expedition the same kind of services connected with the contemporaneous transportation thereof as aforesaid. No break, stoppage, or interruption, vor any contract, agreement, or understanding shall be made to prevent
the carriage of any property from being, and being treated, as carriage. one continuous carriage in the meaning of this Act, from the
boundary line of the State of Nevada, to the place of destinaNo break, tion 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 present
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
intent to avoid or interrupt such continuous carriage, or to evade any of the provisions of this Act. l'unlawful to 893. Sec. 2. It shall be unlawful for any person or perallow rebates, drawbacks,
sons 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.
Property treate and considered as one con. tinuous
896. Sec. 3. It shall be unlawful for any person or per- Unlawful to sons engaged in the carriage, receiving, storage, or handling of make combi. 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 į 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.
897. Sec. 4. It shall be unlawful for any person or per- Unlawful to sons engaged in the transportation of property, as provided in Chinese or room section one of this Act, to charge or receive any greater com-compensapensation 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, Stals. 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. SecondThe 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,
S'hedules, 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 particular, except by the substitution of another schedule contining 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 low long to aforesaid, be substituted. And it shall be unlawful for any rem in 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,
Schedules shall state.