Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1877-05-12
WEST VA. RAILROAD LAW.
The following Bill was passed at the
recent session of our Legislature.
SENATE BILL No. &c.

SENATE BILL No. &c.
AN ACT to amend and re-enact Sec
ton 10 of Chapter 227 of the Acts OF
1928, passed December 9th, 1873,
entitled, "An Act to establish a reas-
enable maximum rate Of charges tor
the transportation of passengers and
freight, and to prevent unjust discrlm-
nations and extorlions in the rates to
be charged by the different railroads
in this State for the transportation of
passengers aud freights on said roads.
Be it enacted by the Legislature of
West Virginia:
/. That section 10 of chapter 227 of
the Acts OF 1928, passed December
9th, 1878, to establish reasonable
maximum rate of charges for the trans
portation OF passengers and freight, and
TO prevent unjust determinations and
extortions in the rates to be charged by
the different railroads in this State for
the transportation of passengers and
freights on said road be, and the same
is hereby, amended and re-enacted so as
to read as follows:
go The compensation for the trans
portation of passengers, goods and mer-
chandise, and all kinds of property here.
inbefore prescribed, shall be interpreted
to include all fees and commissions
charged by any railroad corporation,
their agent or agents, for manitest!ng,
receiving, handling, shipping and deliy-
ering any goods, merchandise, and all
other kinds of property tor transporta-
ton on such railroad; so that the entire
charges made by such railroad corpora
ton, or their agent or agents, shall not
exceed the regular transportation fees
herein prescribed; except for the stor-
age of articles in any depot or ware
house of the company, or in any depot
or warehouse. by their agent or agents,
which remain in such depot o: ware
house after the lapse OF twenty-four
hours from the time the consignee is
notified by the agent or other employee
of the company of their arrival. No
notice shall be required, when the resi-
dence of the consignee is not. known.
A charge may also be made for such
longer time as they so remain, not ex-
ceeding the ordinary warehouse rates
charged in the town in which, or near
which, the depot or warehouse is situa
ted; and it shall be lawful for any rail
road corporation, their agent or agents,
at any depot in this State, to charge or
receive such fees and commissions for
manitcsting, receiving, handling ship
ping or delivering any goods, merchan
disc and all other kinds Of property for
transportation on such railroads, as they
were authorized to charge and receive
on December 81, 1873; but when any
such fees and commissions are SO char
ged or received by such railroad corpor-
alton, their agent or agents, such rail-
road corporation shall abate from their
regular transportation fees, herein pre-
scribed, the amount of such fees and
commissions so charged or received by
such railroad corporation, or by their
agent or agents"
Resoiucd, That this act take effect
from its passage.
The following sections, II and IA,
chapter 227, are taken from the Acts of
1872 and rs, page 723:-
II. All depot agents of any railroad
corporation having depots in this State
shall, if required by the consignor,
weigh goods, merchandise and all other
kinds of property delivered for trans
portation at the depot, when delivered,
and receipt for the same.
IA. Any railroad corporation, agent
or person which shall fix, demand, take
or receive from any person or persons
any greater toll or compensation for the
transportation, receipt, handling or de-
livery of goods or merchandise, or for
weighing the same in violation OF the
provisions of this act, shall forfeit and
pay for any such offence any sum not
exceeding one thousand dollars and
costs of suit, including reasonable at
torney's fee, to be taxed by any court
where the same is heard by appeal or
otherwise, to be recovered in action of
debt by the party aggrieved in any
court having jurisdiction thereof. And
any officer, agent or employee of any
such railroad corporation who shall
knowingly and wiltully violate the pro-
visions OF this act, shall be liable to the
penalties prescribed in this section.