Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1873-05-16

and shall assess and return with their verdict the
amount OF the ane to be Imposed upon the defen-
dant at any suin not less than ten Thousand dol
lars yflggOgl nor more than twen,y .nousanu poi'
quent oYonso and conviction such defendant shall
be liable to n hne OF twenty thousand dollars
lfoOOO Povlded that IN al cases m gnosI Idp sne pro o.
favor OF the people shan be suicient TO authorize
verdict and Judgment for the people. =,
sEG Of d % S se ask
demand, charge, or receive OF any person or oorpo-
ration any extortlonate charge or charges for the
transportation OF any passengers, goods merchSn- an
liverng freghts, shall make any unjust discrimi-
nation against any person or corporation In ita
endssd agsn.t msy S or each oehse recover
such railroad corporation, in any form OF action,
three times the amount Of the damages sustained
e Psy ee TO Se by hs
Court where the same Ia heard on appeal or other
wise, and faxed as part OF the costs OF the case
SEQ. Z. II shall be the duty OF the Railroad and
Warehouse Commissioners to personally inyesu
gate and ascertain whether the provisions OF thu
act are violated by any railroad corporation In this
State, and to visit the various stations upon the
line Of each railroad for that purpose, as often al
| practicable; and whenever the facts, In any man
| ner ascertained by said Commissioners, shall II
/ their Judgment warrant such prosecution, II shal
| be the duty Of said Commissioner to Immediately
| cause suits to be commenced and prosecuted
| aifalnst any railroad corporations which MAJ
|
| and prosecutions may be Instituted In any county
in this State, through or Into which the line OF tn
railroad corporations sued for violating this act ma!
| extend. And such Railroad and Warehouse Com
| missoners are hereby authorized, when the fact
Of the case presented to them shall, In their judg
| ment, warrant the commencement OF such action
to employ counsel to assist the Attorney General i
| conducting such suit on behalf Of the State. N
| suits commenced by said Commissioners shall b.
| dismissed, except said Railroad and Warehous
Commissioners and the Attorney General shall con
| sent thereto.
SEC g. The Railroad and Warehouse Commits
sioners are hereby directed to make, for each Q
the railroad corporations doing business In thi
State, as soon practicable, schedule OF reason
| able maximum rates Of charges for the transports
tlon of passengers and freight and cars on each Q
said railroads. and said schedule shall in all suit
| brought against any such railroad corporations
wherein is in any way involved the charges OF an
such railroad corporation, for the transportation
any passenger or freight or cars, or unjust dscrim
ination In relation thereto, be deemed and takeI
in all courts OF this State, as prima facie evidenc
that the rates therein fixed are reasonable max
mum rates or charges for the transportation {
passengers and freights and cars upon the railroad
FOR which said schedules may have been respective
| ly prepared. Said Commissioners shall, from tim
to time, and as often as circumstances may requir
change and revise said schedules. When sue
schedules shall have been made or revised,
aforesaid, 1t shall be the duty Of said Commission
ers TO cause publication thereof to be made Il
three successive weeks, In some public new
paper in the City Of Springfield, In tn
State; PrODided that the schedules thus prepare
shall not be taken as prima facie evidence as her
in provided until schedules shall have been pr
} pared and published as aforesaid for all railros
companies now organized under the laws OF th
State and until the 18th day of January A. ID. 1877
until ten days after the meeting Of the next sc
sion OF this General Assembly, provided sessiC
3 Of the General Assembly shall be held previous
the 18th day Of January aforesaid. AL such sche
ules, purportng to be printed and published
aforesaid, shall be received and held in all SUI
2 suits, as prima face the schedules Of said Comm
sioners without further proof than the product,
OF the paper in which they were published tOgeth
! with the certificate Of the publisher OF said pap
: | that the schedule therein contained is a true CO.
, | Of the schedule furnished for publication by si
/ Commissioners, and that it has been published I
above specified time and any such paper, purpo
ing to have been published at said city, and TO BE-
public newspaper, shall be presumed to have be
so published at the date thereof, and TO be a pub
| newspaper.
SEC g. In all cases under the provisions OF Il
t act, the rules Of evidence shall be the same as
: other civil actions, except as hereinbefore 9TH
/ | wise provided. All fines recovered under the pl
visions Of this act shall be paid into the Com
Treasury OF the county in which the suit Is tri,
It by the person collecting the same, in the NAM
J. now provided by law, TO be used for county p
s poses The remedies hereby given shall be regal
n ed as cumulative to the remedies now given by Il
= against railroad corporations and this act shall
It be construed as repeating any statute giving su
4 remedies Suits commenced under the proSisic
J. Of this act shall have precedence over all OIL
business, except criminal business.
e | SEC. 10. The term railroad corporation" CT
J. tanned in this act, shall be deemed and taken
g mean all corporations, companies or individu
! now owning, or operating, or which may hereaf
;, own or operate, any railroad, in whole or in pa
d in this State; and the provisions Of this act sh
e apply TO all persons, Arms and companies, and
d all associations of persons, whether incorporai
l. or otherwise that shall do business as common c
riers upon any Of the lines Of railways in this ST
2 (street railways excepted), the same as to railrc
!. corporations hereinbefore mentioned.
d SEC. II. An act entitled An act TO prevent
T. just determinations and extortions in the rates
Is be charged by the different railroads in this ST
for the transportation Of frcights on said road
| faI Anvil n 10 bnra1
1t but such repeal shall not affect repeal any p
atty incurred or right accrued, under said act pr
d to the time this act takes effect nor any proce
,r ings or prosecutions TO enforce such rights or
r altes.