The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-03-16

fee, to be fixed by the court; and II IN sppeat
b taken from the Judgment or any part
thereof, 1t shall be the duty Of the appellate
court to include in the judgment an additional
reasonable attorneys fee Tor services In the
appellate court or courts.
Section 20. Any railroad company or indt
vidual wilfully violating or evading any of tho
provisions OF this act not otherwise herein
provided for shall for each offense forfeit
and pay penalty Of not less than one hun
dred nor more than i've thousand dollars. All
penalties provided for In this act shall be 70
covered BY civil action, to be instituted and
prosecuted In the name OF the State, By tie
County Attorney of the county in which the
offense has been committed, upon the direc-
ton 81 the Board of Railroad Commissioners
II upon the trial Of such action the jury shall
find for the plaintiff, they shall assess and re-
turn with their verdict the amount Of the nno
to be imposed upon the defendant, and the
court shall render Judgment accordingly. An
such penalties 80 recovered shall be paid into
the school fund of the county in which such
offense has BEEN committed, and the Board AZ
Railroad Commissioners may require the At
torney General to assist such County Attorney
in the prosecution Of any such action. No
bond for costs shall be required of the State 10
any such action.
Section 81. All penalties provided under
this section shall be recovered BY acivn action
to be instituted and prosecuted In the name Of
the State, by the County Attorney Of the county
In which the offense Is committed, upon the d.
rection of the Board of Railroad Commissioner
and the judgment recovered shall be first lien
upon al the property Of the railroad on which
the same occurred, and Of the company BY
which such railroad 10 operated. And al
such penalties % recovered shall be paid into
the school fund of the county In
which such offense has been commit
ted. And the Board Of Railroad Commits
sioners may require the Attorney General Of
the State to assist such County Attorney in
the prosecution Of any such action. No bond
for costs shall be required Of the State in any
such action.
Section % In any action against any rail-
road company for violation Of the provisions
Of this act the plaintiff may join in the same
petition As many different causes Of action -
he may have against such company arising
under this act.
Section o. Any person who shall willfully
and corruptly swear, testify or affirm falsely
to any material matter, upon any oath or af-
frmation or declaration legally adm nistered
in any cause, matter or proceeding before said
Board, or any member thereof, or In any re-
turn, answer or report required BY this act to
be made, shall be deemed guilty Of wilful and
corrupt perjury, and shall be punished BY i'm
prisonment in the penitentiary at hard labor
Tor term not exceeding seven years. .
Section "a. Said Board of Commissioners
acts, and shall also provide seal, on which
shall be the impression Board Of Railroad
Commissioners, State of Kansas, Seal" All
process or certificates issued or given by the
Board shall be attested by the seal of the
Board. Copies Of the record Of the Board,
certified by the Secretary and attested with
the seal of the Board, shall be received in evil
dence with the like effect a. copies Of other
public records.
Section IS. ANY member Of said Board while
acting in the performance of his duties as
such, together with such clerk, accountant or
deems to be important in the discharge of said
duties. shall have the right of passing at all
times over all railroads and on all railroad
trains or any part thereof in this State, free
Of charge.
Section % In constituting this act, unless
such meaning be repugnant to the context or
to the manifest intention of the Legislature,
the term railroad company shall include and
be construed to mean any incorporated rail-
road company, or any express or Transports
ton company, or any railroad bridge company,
or any person or persons, lessee, assignee,
trustee, receiver, partnership, joint stock
company, or corporation, engaged wholly,
partially, Jointly or severally in laying out,
constructing, owning, operating, using or
maintaing any railroad operated BY steam, or
any portion or part of such railroad line. Tho
word ''person" shall include persons, partner
ships, joint stock companies and corporations.
Section "a. Nothing in this act shall be
construed to estop or hinder any persons or
corporations from bringing suit against any
such railroad company for any violation OF
any of the laws Of this State for the govern
ment of railroads.
Section %. Sections Sc, 81, So and So, chap
ter %, Of the General Statutes, are hereby re-
pealed.
Section %. This act shall take effect and
be in force from and after its publication in
the official State paper.