Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-03-27


more or less compensation for the carriage,
receiving, delivery, loading, unloading, hand
ling or storing of any of the property contem-
plated by Section One of this Act, than shall
be specified in such schedule as may at the
time be In force.
SEC. 6. Each and all the provisions of this
Act shall apply to all property. and the re-
ceiving, delivery, loading, unloading, hand
ling, 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 railroads, and whether
such services are performed, or compensa-
ton paid or received, by or to one person
alone or in connection with another or
other persons, prOrided, that each and every
RAILROAD company as aforesaid. shall fix its
own rate or rates in It's schedule and such
rate or rates, in such schedule so fixed, shall
not govern 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.
SEC Z. Each and every act, matter
thing in this Act declared to be unlawful, is
hereby prohibited, and in case any person or
persons, as defined in this Act engaged as
aforesaid shall do, suffer or permit to be done,
any act, matter or thing, in this Act prohlb-
tied 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 persons who may sustain damage
thereby sum equal to three times the
amount of the damages so sustained, to be re-
covered by the person or persons so damaged,
by suit Ill 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 each
offense forfeit and pay penalty of not less
than two thousand dollars, to be recovered by
the State of Nevada by action in any Dis
trict Court in the State of Nevada aforesaid,
one half of such penalty or penalties when
collected, to be paid to the lnformer. Any
action to be brought aforesaid, to recover
any such penalty or damages, may be consid-
cred, and if so brought, shall be regarded as
subject of equity, jurisdiction and discov-
cry, and affirmative relief may be sought and
obtained therein. In any such action so
brought as a case of equitable cognlzance,
preliminary or final injunctions may, without
allegation or proof of damage to any plaintiff
or complainant, be granted upon prep
er application, restraining, forbidding aud
prohibiting the commission or contlnu-
ance OF any acts, matters or things
within the terms purview Of this act
prohibited or forbidden. In any action afore
said, and upon any application for any i'll
junction above provided for, any director,
officer, receiver or trustee of any corporation
or company aforesaid, or any receiver, trustee
or person aforesaid or any of them alone, or
with any agent of any such corporation or
company, receiver, trustee or person atore-
said, or any other person or persons, party or
parties, may and shall be compelled to attend,
appear and testify and give evidence, and no
claim that such testimony evidence nigh
or might tend to criminate the person testify
ing or giving evidence shall be of any AVA.
but such evidence or testimony shall not lac
used as against such person on the trial of any
indictment against him The attendance anu
appearance of any of the persons who, as
aforesaid, may be compelled to appear an
testify, and the giving of the testimony o.
evidence by the same respectively, and the
production of books and papers thereby may
and shall be compelled the same as III case
of any other witnesses and IN case any sue
deposition or evidence or the production ot
any books or papers, may De desired or re-
quired for the purpose of applying for or s,s-
tanning any in junction aforesaid, the sane
and the production OF books and papers, may
and shall be had, taken and compelled by ii
before any clerk of the District Court in any
of the Judicial Districts in the State of = /
vada, or i'll any manner provided for or t. r. !
provided for, as to the taking of other d. /,
positions or evidence, or the attendant a.!
or the production of other books !
Of papers IN or by the statutes of Nevada. In |!
actions to be brought as aforesaid, damage
sustained in the period of month or part at
= month, may be regarded as, and counted o.
declared upon or complained of gener ally,
and one separate cause of action, and. s.,
whether such damages be sustained il one
month or in different months, and such sepa-
ate cause of action may be joined in the
zane action.
No action aforesaid shall be sustained unless
brought within one year after the cause -
action shall accrue.
SEC. 8. Any director officer of any
;'rporation or company acting or engaged a.
.foresaid, or any receiver or trustee, lessee on
person acting or engaged as aforesaid or any
gent of any such corporation or company.
ecelver, trustee or person aforesaid, or OF
me of them alone or with any other corpora
ion, company, person or party, who shall
irectly or indirectly do, or cause, or will
ngly suffer or permit to be done. any act,
natter or thing in this Act prohibited or for
idden, or directly or indirectly aid or abet
herein, or shall directly OF indirectly omit or
Ill to do any act, matter or thing in this Act
equlred to be done, or cause or willingly suf-
er or permit any act, matter or thing, so di-