The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-02-20

may and shall be compelled to attend, up
pear, and testify and give evidence and
no claim that any such testimony OF eYi;
denee might or might not tend TO cIimi'
mate the person testifying OF giving owl
4 dence shall be OF any avail, but such eyt,
denee Of testimony shall not be used d
against such person on the trial OF any In
dictment against him. The attendance
and appearance OF anyiof thepersons who
\ as aforesaid may be compelled TO appear
or testify, and the giving oil the testimony
or evidence by the same, respeetivel and
the production OF books and papers there
by, may and shall be compelled the same
as In the case OF any other witness /;
and in case any deposition or evidence, or
the production Of any books or papers,
| may be desired or required for the pur-
pose Of applying for or sustaining any
such action, the same, and the production
OF books and papers, may and shall be
had, taken and compelled in the same
manner as is now provided for the taking
OF other deposition or evidence, or the at
tendanceOf witnesses, or the production OF
other books or papers. No action aiore-
said shall tbe.. Sustained unless brought
within one year after the cause Of action
shall accrue, or within one year after the
party complaining shall have come TO a
knowledge OF his right OF action. And as
many causes Of action as may accrue
within the year to the same person
or firm may be Joined in the same
suit or complaint. Any circuit court
having jurisdiction Of the transportation
company, or the judge thereof in vacation,
upon application Of any person or persons,
firms, railroads, or other corporations or
associations, alleging undue and unjust
discrimination against person in viola
ton Of the provisions Of this act, to issue
writs OF mandamus against such person
commanding such person to move and
transport freight or to furnish facilities for
transportation for the party applying for
the writ, upon such terms and in such
manner as shall seem just and proper to
the court in order to prevent any undue
or unjust discrimination against the rela-
tor. The proceedings shall be as in other
cases of mandamus; and in cases OF urgent
necessity, or involving the transportation
OF perishable goods, the writs Of alterna.
tive mandamus may be made returnable
forthwith: Provided, That no writ or
peremptory mandamus shall issue under
this act until the relator shall have given
security, in such sum as shall be named
by the court, to psy the defendant the
proper and legal charges for the services
required 10 be performed by the writ
Aforesaid: And provided further, That
the remedy herein given by writ Of man
damus shall be cumulative, and shall not
exclude or interfere with the other reme-
dies herein provided.
SEC. 8. That any director or officer ofany
corporation or company acting or engaged
as Aforesaid, or any receiver or trustee,
lessee, or person acting or engaged as
aforesaid, or any agent OF any such cor
poration or company, receiver, trustee, or
person aforesaid, or OF one OF them alone
or with any other corporation, company,
person, or party, who shall wilfully do, or
cause or willingly suffer or permit to be
done, any net, matter, or thing in this act
prohibited or forbidden, or who shall did
or abet therein or who shall wilfully omit
or fail to do any act, matter, or thing in
this act required to be done, or cause or
willingly suffer or permit any act, matter,
or thing so directed orrequired by this act
TO be done not TO be SO done, or shall aid
or sbet any such omission or failure, or
shall be guilty Of any iniraption OF this act, |
or aid or abet therein, shall be guilty Of
misdemeanor, and, Upon conviction there
Of, shall be fined not less than fifty dollars
nor more than four hundred dollRrs.
SIC. 0. And any transportation company
violating any Of the provisions Of this act
shall be subject to Indictment in any
county where it has an agent, and upon
conviction shall be fined not less than one
hundred dollars nor more than four hun
dred dollars.
SEC. 10. That nothing in this act shall
apply to the carriage receiving, storage,
handling, or forwarding OF property car.
ried for the United States or OF this State
at lower rates Of freight and charges than
for the general public, or the transporta.
ton OF articles free or at reduced rates Of
freight for charitable purposes, or to or
from public fairs and expositions or exhi-
bition,
sEc. II. That the words Transportation
company" as used in this act, except
where Otherwise provided, shall be con,
strued and held to mean all railroad,
steamboat and express companies, the re.
ceiyer or receivers, trustee or trustees,
lessee or lessees, agent or agents, or other
person or persons acting or engaged in any
OF the matter and things mentioned in this
act.
Any act or acts in conflict with the pro.
visions Of this act are hereby repealed,