Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-03-16

fee, to be fixed by the court; and n an appeal
be taken from the Judgment or any part
court to include in the Judgment an additional
reasonable attorneys fee Tor services IN the
appellate court or courts. "a
| Section 90. Any railroad company or indi-
vidual wilfully violating or eyadng any OF the
| provisions Of this act not otherwise herein
| provided for shall for each offense- forfeit
| and paw a penalty of not less than one hun
dred nor more than five thousand dollars. All
penalties provided for in this act shall be re-
| covered by q civil action, to be instituted and
prosecuted in the name of the State, by the
County Attorney OF the county IN which the
offense has been committed, upon the direc-
ton OF the Board OF Railroad Commissioners.
If 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 fne
to be imposed upon the defendant. and the
court shall render judgment accordingly: All
such penalties so recovered shall De PAID into
the school fund of the county in which such
offense has been committed, and the Board CT
Railroad Commissioners may requires 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 In
any such action.
Section 81. All penalties provided under
this section shall be recovered by civil 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 di-
rection of the Board of Railroad omnissio uers,
and the judgment recovered shallb be frst lien
upon all the property Of the railroad On which
the same occurred, and of the company by
which such railroad is operated And. all
such penalties so recovered shall be paid into
the school fund OF the county In
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 p. In any action against any RAN
road company for violation of the provisions
of this act the plaintiff may join in the same
petition as many different causes of action as
he may have against such company arising
under this act sg7 z.
Section %. Any person who shall willfnIlr
and corruptly swear, testify or affirm falsely
to any material matter, upon any oath or af
tirmation or declaration legally administered
In any cause, matter or proceeding before sail
Board or any member thereof, or in any re-
turn, answer or report required by this actstol
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
for term not exceeding seven years.
Section "a. Said Board of Commissioners
shall keep an accurate record of all its official
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 as copies of other
public records.
Section %. Any member Of said Board while
acting in the performance of his duties as
such, together with such clerk, accountant or
expert or other agents whose services he
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 26. 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 transporta-
| ton company, or any railroad bridge company,
| or any person or persons, lessee, assignee,
| trustee, receiver, partnership, joint stock
company, or corporation, engaged wholly,
part ally, Jointly or iseverally in laying out,
| constructing, owning, operating, using Lor
mantaing any railroad oIerated by steam. or
| any portion or part of such railroad line. The
word "person" shall include persons partner
| ships, joint stock companies and corp orations.
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, SIS and 50, chap
| ter %, of the General Statutes, are hereby re-
pealed.
Section 90. This act shall take effect and
be in force from and after its publication in
the official State paper.