The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-01-22

Do. 40. De ~ EuTtner e4dcLeu, Iuat the
said commissioner shall have the right to
pass free Of charge, in the performance Of
their duties, on all the railroads in the
State, and to take With them any person
in their official employment; that said COM
mission shall have general supervision
over all the railroads Of Mississippi, and
shall examine the same from tins TO time,
and keep themselves informed a. 10 their
condition and the manner in which they
are operated, with reference TO the securi-
~ and accommodation of the public and
the compliance Of the several corporations
with their charters and the laws Of the
State.
SEC. 10. Be it further enacted, That said
commissioners shall, as often as they deem
it necessary, examine the several railroads
in this State, and shall recommend in writ
ing TO the several railroad companies, OF
any Of them, from time to time, tho sdop-
ton OF such measures and regulations as
said commissioners deem conducive TO the
public safety and interest.
SBo. 20. Be IL further enacted, That the
managers operating the several railroads
of this State shall furnish the said commits
sion with all the information required rela-
tive TO the management Of their respective
lines, and particularly with copies Of all
leases, contracts and agreements for trans
| portation with express, sleeping-car or
other companies to which they are parties.
SEo. 81 Be it further enacted, That
whenever complaint is made 10 the commits
sion that any railroad or portion thereof
ought 10 be fenced, it shall DO the duty Of
the commission to give notice 10 the por-
son or corporation operating said railroad
and also to tho person making such COM
plant, Of tho time and place, when and
whero such complaint will be heard and de-
termincd, and at the timo and place up
pointed for that purpose, TO examine the
witnesses Of the parties under oath In rela-
ton 10 such complaint. II, upon such hear
ing, the commission shall deem II neces-
the commission shall notify the person or
corporation operating such railroad there
OF, and designate what portion Of said road
shall be fenced by said person or corpora
ton operating said railroad; provided, the
commission should be of the opinion that
such porson or corporation operating said
railroad should bear all the expense OF
erecting such fence; but il the commission
should be OF opinion that said expense
ought to be divided between the person or
corporation operating said railroad, and
the owner of the adjoining land making
the complaint, then the commission shall
determine what proportion OF said expense
ought equitably to DO borne by each of said
parties, and shall so specify in a notice to
be sent to each OF them, designating what
portion Of said railroad ought to be fenced;
when, in the case which provides that-said
person or corporation shall bear all tho ex-
pense Of erecting such fence, and such
person or corporation shall, after reason
able notice, fail or refuse to fence tbs por-
ton Of said railroad as specified in said
notice, such person or corporation shall be
liable in damages for Che value Of any
stock killed or injured with or without neg-
ligence upon tho portion of said railroad
so designated to DO fenced, and no liability
shall attach for stock killed or injured on
that portion Of the line fenced in the man
ner designated by said commissioners;
when, in the Gaze provided for the expense
being divided between the parties as speci-
| fed by the commissioners, then, IL after
reasonable notice thereof, the person own
ing or operating said railroad, shall forth
with offer to the owner of the adjacent
land, making the complaint, to comply with
said award in good faith, and the owner Il
The adjacent land shall, after such notice as
Lis prescribed in this section, fail or refuse
no comply with the part of said award to
BIO performed by him, then the person or
corporation operating said railroad shall
not BIO liable in damages for my stock be-
longing to the owner of said laid which
may DO killed or injured with or without
negligence, on said portion of said rail
road so designated to be fenced as afore-
said; and tho said commission shall also
determine in said proceeding which OF
said parties shall bear tho expense of re-
pairing and maintaining said fence, which
shall bs specified in said notice.
SEC. %. Be IL further enacted, That the
several railroad companies, trustees or re-
ceivers, or other persons operating rail-
roads in this Stats be and are hereby re-
quired to mako annual returns of their
business to tho Board OF Commissioners on
or before the first day of September of
each year, made up to the close of business
on the 30th day of June next preceding;
which annual ret IS shall be made in du-
plicats, in the manner prescribed by said
commissioners, upon blank forms to be
furnished by said commissioners to said
railroad companies, Any railroad COM
pany which shall neglect or refuse to make
such returns shall forfeit to tho State $50
for each day Of such refusal or neglect.
SEQ. 81. Be it further enacted, That ev-
cry railroad company shall, within twenty
four hours after tie occurrence of any no.
cident to train, attended with serious per-
sonal injury, on any portion of its line
within the lin 10 Of this State. give notice
of the same to the Railroad Commissioners,
who, upon receiving such notice, or upon
public rumor Of such accident, may repair |
or dispatch one or moro of their number |
to the scene OF said accident and INQUIRE |
into the facts and circumstances thereof, |
which shall be recorded in the minutes of |
their proceedings and embraced in their
annual report.
SEC. "a. Be it further enacted, That the |
said commissioners may summon and ex- |
anime under oath such witnesses as they |
may think proper in relation to the affairs |
OF any railroad company; and whoever
shall refuse, without justifable cause, 10 |
appear and testify after being duly cited, |
or shall obstruct any Railroad Commits |
sioner in the discharge of his duties, shall |
be fined not exceeding 81, 900, or imprison-
nent not exceeding one year, or both.
(ooxoLUDE0 To-xoRsow.l
Brewster Cameron.