The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1884-01-24

cations above required. which substi.
tute schedule shall plainly state the time
when it shall go into effect, and copies
of which, pointed as aforesaid, shall he
posted, as above provided, at least five
days before the same shall go into effect
and the same shall remain in force until
another schedule shall as aforesaid, be
substituted. And it shall be unlawful
for any person or persons engaged in
carrying property on railroads as afore-
said, after thirty days after the passage
of this act, to charge or receive more Oh
less compensation for the carriage, lie.
ceiving, delivery, loading, unloading,
handling, or storing OF any of the pro-
perty contemplated by the first section
of this act than shall be specified in
such schedule as may at the time be in
force.
SEQ. 6. That each and all of the pro-
visions of this act shall apply to all
property, and the receiving, delivery,
loading, unloading, handling, storing,
or carriage Of the same, on one actually
OF substantially continuous carriage, or
as part of such continuous carriage, as
provided for in the first section of this
act, and the compensation therefor.
whether such property he carried wholly
on one railroad or partly on several rail
roads, and whether such services are
performed or compensation pad or re-
ceiyed by or to one person alone or i'll
.,
sous.
$40. 7. That each and every act, mat
ter, OF thing in this net declared to be
unlawful is hereby prohibited; and in
case any person or persons MS lined in
this net, engaged as aforesaid. shall do
suffer, or permit to be done any net
matter, or thing in this act prollibite
or forbidden, or shall omit to do any act,
matter, or thing in this net required TO
be done. or shall be guilty OF any vioa-
ton of the provisions of this act, such
person or persons shall forfeit and pay
to the person or persons who may sns
tain damage thereby sum equal to
three times the amount of the d images
so sustained, to be recovered by The per
son or persons 80 damaged by suit in any
court OF competent jurisdiction wher,.
the lerson or persons causing such dam.
age can be found or may have m agent,
Office, or place of business: Provided,
however, that in any such case of re-
covery the damages shall not be assessed
ut Il less sum than five hundred dollars;
and the person or persons so offending
shall for each offense forfeit and pay IL
penalty OF not less than one thousand
dollars, to he recovered by the United
States by action i'll any circuit or district
court of the United States, one half OF
such penalties, when collected, to be
paid to the informer. And it is hereby
made thu duty of all district attorneys of
the United States to prosecute all such
suits in their own discretion, or when
advised of the violation of this act by
the affidavit OF any reputable citizen.
Any action to be brought as aforesaid to
recover any such penalty or damages
may be considered, and if so brought
shall be regarded, as subject of equity
jurisdiction and discovery, and alfrma-
tive relief may be sought and obtained
therein. In any such action so brought
as case of equitable cogniz mce, pre-
liminary or final iniunctions may, with
out allegation or proof Of damage to any
plaintiff or complainant, be granted up
on proper applica ton, restraining, for
bidding, and prohibiting the commits
sion or continuance of any acts, matters,
or things within the terms OF purview Of
this act prohibited or forbidden. In any
action aforesaid, and upon any applicn>
ton for any injunction above provided
for, any director, officer, receiver, or
trustee OF any corporation or company
Aforesaid, or any receiver, trustee, or
person aforesaid, or any agent OF any
such corporation or company, receiver,
trustee, or person aforesaid, or any
agent Of any such corporation or com
pany, receiver, trustee, or person afore
said, or of any OF them, alone or with
any other person or persons, party or
parties, may and shall be compelled T."
attend, appear, and testify and givs evi
deuce and NO claim that any such testi-
mony or evidence might or might
not tend to oriminate the person ties.
testifying or giving evidence shall be of
bll1 dNilit Dul putit tfittuCt VI t''Ft1-
mony shall not be used as against such
person on the trial of any indie ment
against him. The attendance and ap
pearance of any of the persons who rs
aforesaid may be compelled to app ar
or testify, and the giving of the test.
mony Or evidence by the same, respec-
lively, and the production of books aud
papers thereby, may and shall be COM
PEELED The same as IN the case of any
other witness; and in case any such de-
position Or evidence, or the production
of any books or papers, may be desired
or required for the purpose of applying
for or sustaining any injunction afore-
said, the same, and the production of
books and papers, may and shall be had,
taken, and compelled by or before any
United States commissioner, or in any
manner provided or to be provided for rs
to the taking of other dispositions or evi,
dence, or the attendance of witesses, or
the production of other books or papers,
in or by chapter seventeen, of title thir-
teen, of the Revised Statutes of the
United States. In actions to be brought
as aforesaid, damages sustained in the
period of a month or part of month
may be regarded MS aud counted or de-
clared upon, or complained of generally,
and as one separate cause of action, and
so whether such damages be sustained
in one month or in different months;
and such separate causes of action may
be Joined in the same action. No action
aforesaid shall he sustained unless
brought within one year after the cause
Of action shall accrue. And any judg
ment under the provisions of this act
shall be rendered against the person or
persons violating its provisions and
against the corporation or corporations
in whose service or under whose au
thority they perform such unlawful acts.
SEQ. g. That any director or officer of
any corporation or company acting or
engaged as aforesaid, or any receiver or
trustee, lessee, or person acting or Ell,
gagged as aforesaid. or any agent of any
such corporation or company, receiver,
trustee, or person aforesaid, or OF one of
them alone, or with any other corpora
ton, company, person, or party, who
shall directly or indirectly do, or cause
or willingly suffer or permit to be done,
any act, matter, or thing in this act pro-
hibit, d or forbidden, or directly aid or
abet therein, or shall directly omit or
fail to do any act, matter, or thing in
this net required to be done, or cause or
suff or permit any act, mat
ter, or thing so directed or required to
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