Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1883-02-01

tion and approval, in so far as they affect the
rules and regulations made by the said Com
missioners to secure to all persons doing busi-
ness with the said companies just and reason
able rates of charges for freight and passenger
tariffs. And said Commissioners may make
such rules and regulations as to such contracts
and agreements as may be then deemed neces-
sary and proper and any such agreements
not approved by such Commissioners, or by
virtue of which rates shall be charged exceed
ing the rates of charges fixed for freights and
passengers, shall be deemed, held and taken to
be illegal and void.
SEC 10. That the following additional Sec
tion be inserted in the General Statutes of this
State, to be known as Section 1451e: If any
railroad company doing business in this State,
by it's agents or employees, shall be guilty of
a violation of the rules and regulations prov-
ded and prescribed by said Commissioners,
and if, after due notice of such violation given
to the local agent or the principal officer there
at, ample and full recompense for the wrong
or injury done thereby to any person or corpo-
ration, as may be directed by said Commits
sioners, shall not be made within 30 days from
the time of such notice, such company shall in
cur and be liable to the penalty for each
| offense prescribed in Section 12S of the said
| Act, the same being known as Section 1889 of
| the General Statutes.
SEC. II. That the said Act and the said
Chapter, XII of the General Statutes be, and
the same are, further amended so that wher-
ever the word "Ralroad Commissioner or
Commissioner is used in the said Act or in
the said Chapter in the singular number, the
same shall be held and taken as meaning and
referring to the Board Of Railroad Commits
sioners, or a majority of them, created by and
under the Section 32 of this Act, the same be-
ing Section 1451 Of the General Statutes and
wherever the words she, "his" or chin"
are used in the said Act or in the said Chap
ter in the singular number as referring to the
said Railroad Commissioner, the same shall be
| severally held and taken as meaning "they,"
''their' or ''them," and as referring tothe said
Board of Railroad Commissioners or maj
ty of them.
SEC. II. That Section 73 of the Act afore-
said, the same being known as Section 1854 OF
the General Statutes, be, and the same is here
by, amended by striking out the words "while
the bell rings or the whistle Sounds" so that
the Section as amended shall read as follows ::
Section 73. Every railroad corporation shall
cause boards to be placed, well supported BY
posts or otherwise, and constantly maintained,
across each public road or street where the
same is crossed by the railroad on the same
level said board shall be elevated so as not to
obstruct the travel and to be easily seen by
travellers, and on each side of said board shall
he printed in large letters, of at least the size
of nine inches each, the words ''Railroad
Crossing Look Out for the Car ~ or the
words Railroad Crossing Look Out for the
Car while the Bell Rings or the Whistle
Sounds - But this Section shall not apply to
streets in cities, towns and villages, unless the
corporation be required to put up such boards
by the officers having charge of such streets.
SEC. u. That the following shall be insert
ed and known as Section 1850 of the General
Statutes of this State: When any passenger
shall be guilty of disorderly conduct, or use
any obscene or grossly profane language, to
the annoyance and veXation of passengers, or
play any game of cards or other game of chance
for money or other valuable thing, upon any
railroad train, the Conductor of such train is
hereby authorized to stop his train at any place
where such offense has been committed and
eject such passenger from the train, using on
ly such force as may be necessary to accom-
pliSh such removal, and may command the as
sistance of the employees of the railroad COM
pany, or any of the passengers, to assist in
such removal.
SEC. H. That the first sentence of Section
12S of the Act aforesaid, the same being
known as Section 1889 of the General Statutes
of this State, be, and the same is hereby,
amended by striking out the words Zone hun
dred, where they first occur, and inserting in
lieu thereof the words ''tW0 hundred and
fifty; and also by striking out the words
1.-TWO hundred" where they first occur, and
inserting in lieu thereof the words lone thou
sand," so that the sentence of the said Sec
tion, as amended, shall read: Section 12S.
Each and every act, matter or thing III this
Act declared to he unlawful is hereby prohib-
tied and in case any person or persons as de-
fined in this Act engaged as aforesaid shall
do, suffer or permit to be done any act, matter
or thing in this Act prohibited 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, where
no specific penalty is hereinbefore already pro-
vided for such violation, forfeit and pay to
the person or persons who may sustain dam
age thereby sum equal to double the amount
of the damages so sustained, to be recovered
by the person or persons so damaged, by suit
in any Circuit Court in this State, where the
person or persons causing such damage, can be
found or may have an agent, office, or place OF
business Provided, horerer, That in any such
case of recovery the damage shall not be assess
ed at less sum than two hundred and fifty
dollars, and the person or persons so offend
| ing shall for each offense forfeit and pay
penalty Of not less than one thousand dol
lars, to be recovered by the State, by action III
any Circuit Court aforesaid, to be brought by
the Attorney General upon the request of the
Railroad Commissioners. Any action to be
brought as aforesaid to recover any such pen
atty or damage may be considered, and If so
brought shall be regarded, as subject OF
equity jurisdiction and discovery, and atlirma-
tive relief may be sought and obtained there
in. In any such action so brought as case
of equitable cogniZance, preliminary or final
injunctions may, without allegation or proof
of damage to any plaintiff or complainant, be
granted upon proper application, restraining,
forbidding and prohibiting the commission or
continuance of any act, matter or thing with
| in the terms Of purview of this Act prohibited
| or forbidden. In any action aforesaid, and
upon any application for any injunction above
provided for, any Director, officer, Receiver,
Trustee or person aforesaid, or any agents OF
any such corporation or company, Receiver,
| Trustee or person aforesaid, OF of amy OF them
alone or with any other person or persons,
party or parties, may and shall be compelled
to attend, appear and testify, and give evil
dence, and no claim that any such testimony
or evidence might tend to criminate the per-
son testifying or giving evidence Shall be OF
any avail, but such evidence or testimony shall
not be used as against such person in the trial
of any Indictment against him. The attend
ance and appearance of any of the persons
who, as aforesaid, may be compelled to appear
or testify. and the giving of the testimony or
evidence by the same respectively, and the pro-
duction of books and papers may and shall be
had, taken and compelled by or before the
Clerk of the Court in which such action is pend
ing, or in any manner provided or to be pro-
vided for, as to the taking of other dispositions
or evidence or the attendance of witnesses or