The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1871-04-21
Passed april l5.l

"tO Se~Se " 1ttt'tOtS represented an INC OCf
erat Assembly, That every railroad corpora
uon, chartered by or organized under the
laws OF this State, or doing busiseSs within
the limits OF the same, when desired by any
person to ship any grain over It's road, shAl
receive anG transport such gram IN bulk,
within q reasonable time, and load the same
either upon its track, at its depot, or At any
warehouse djoining its track, or aide track,
without distinction, or discrimination be-
tween one shipper and another, and without
Distinction, or discrimination as to the man
ner 10 which such grain is offered to 1t for
transportation, or as TO the person, ware
house or place 10 whom or TO which 1t may
be consigned. And at the time such grain
is received BY il for transportation, such
corporation shall carefully weigh the same,
aud issue TO the shipper thereof o receipt or
bill of ladiBg for such grain, in which shall
be stated the true and correct weight And
such corporation shall weigh out and deliver
TO such shipper, his consignee, or any other
person entitled to receive the same at the
place of delivery, the full amount of such
grain, without any deduction for leakage,
shrinkAge, or other loss in the quantity of
the same. In default of such delivery, the
corporation so falling to deliver the full
onouuh VI cuCu grain suhlA pay W tue person
entitled thereto the full market value of any
such grain not delivered at the tiue and
place when and where the same should have
been delivered. If any such corporation
shall, upon the receipt OF it OF any grain tor
transportation, neglect or refuse to weigh
aud receipt for the same, rs aforesaid, the
sworn statement or the shipper or his
agent having personal knowledge of the
amount of grain 80 shipped, shall be taken
as true, as to the amount so shipped and
in case of the neglect or refusal OF any such
corporation, upon the delivery by them OF
any grain, TO weigh she same as aforesaid,
the sworn statement of the person to whom
the same was delivered, or his agent having
personal knowledge OF the weight thereof,
shall be taken as true as to the amount
delivered and if By any such statements
II shall appear that such corporation has
failed TO deliver the amount so shown to be
shipped, such corporation shall be liable for
the shortage, and shall pay TO the person
entitled Ihereto the full market value OF
such shortage, at the time and place when
and where the same should have been deiv,
cred.
SEC. 2. At oil stations or places from
which the shipment OF grain By the road OF
any such corporation shall have amounted,
during the previous year, 10 fifty thousand
bushels or more, such corporation shall
erect and keep in good conditions for use,
and use in weighing grain TO be shipped
over its road, true and correct scales, of pro.
per structure and capacity for weighing of
grain by tho car load 10 their cars. After
the same shall have been loaded, such cor
poraslons shall carefully and correctly weigh
each car upon which gram shall be shipped
from such place or station, both before aud
after the same is loaded, aud ascertain and
receipt for the true amount of grain so ship
ped. If any such corporation shall neglect
or refuse to erect and keep in uses such
scales, or shall neglect or refuse to weigh,
in the manner aforesaid, any grain shipped
in bulk from any station or place, the sworn
statement of the shipper, or his agent hsv.
ing personal knowledge of the amount OF
grain shipped. shall be taken as true as TO
amount shipped. In case any railroad cor
porstion shall neglsct or refuse to comply
with any of the requirements of sections Il,
. and of this act, it shall in addition to
the penalties therein provided, forfeit and
pay for every such offense, and for each AND
every day such refusal or neglect is contiuu
ed, the sum OF 500, to be recovered in ar
action OF debt before any justice of th'
peace, In the name of the people of the
State of Illinois, such penalty CT forfeiture
TO be paid to the county in which the suit il
brought aud shall also be required to psy
oil cost of prosecution, including such
reasonable attorneys fees as may be assess
ed by the justice before whom the case may
be tried.
SEC. 3. Every railroad corporation which
shall receive any grain in bulk for trans
poE;aton to any place within the State
shall transport and deliver the same to an,
cousignee, elevator, warehouse, or place Il
whom or to which it way be consigned o
directed: Provided, such person ware
house, or place can be reached by an
track owned, leased or used, or which ca
be used by such corporation; and ever
such corporation shall permit connection
TO be made and maintained with its srac
to and from and all public warehouse
where grain is or may be stored. And sue
corporation neglo"ting or refusing to com
ply with the requirements of this section
shall be liable to all persons injured there
by for all damages which they may sustsi
on that account, whether such damage
result from any depreciation in the value {
such property by such neglect or refusal
deliver such grain as directed, or In loss
the proprietor or manager of any publ
warehouse to which it is directed to be d,
livered, and costs of suit, including sue
reasonable attorney s fees as shall secon
or later refusal of such railroad oorporatio
20 comply with the requirements of thi
section, such corporation shall be, by tn
court, In the action on which such failur
or refusal shall DO found, adjudgeds to pa
for the use of the people Of this State, sur
of not less than one thousand dollars, 70
each and every such failure or REFUSAL an
this may be part Of the judgment OF tb
court 10 any second or later proceedin
against such corporation. In case any raj
road corporation shall be found guilty {
having violated, failed, or omitted to oil
serve and comply with the requirements {
this section, or any part thereof, three c
more times, it shall be lawful for any pc
son interested to apply to q court of char
Gerry, and obtain the appointment of a r,
ceiger, to take charge OF and manage sue
railroad corporation, until all damages, per
alties, costs, and expenses adjudged agains
such corporation for any and every viol'
ton shall, together with interest, be full
satisfied
SEC. 4. All consignments ofgrain to an
elevator or public warehouse shall be hel
TO be temporary, and subject to change b
the consignee or consignor at any time be
fore the actual unloading of such propert
from the cars in which it Is transported
Notice o. any change in consignment me
be served by the consignee or any agent G
the railroad corporation having the prop
erty in possession, who may be be in charp
of the business of such corporation at tn
point where such property is to be deli,
cred; and if, after such notice, and will
the same remains uncslled, such propert
is delivered in any way different from sue
altered or changed assignment, such raj
road corporation shall, at the election @
the consIgnee or person entitled to contrt
such property, be deemed to have illegal
appropriated such property to his own use