The Caucasian. (Clinton, N.C.) 188?-1913, 1890-07-24


commissioners. aui aIi arrange
Iuc";~ ana ag7ce:neut> whateves
a 80 Tie i'v sion 81 I'll Wins 81
any kind by COMPETING ra.lr12t
companies dom" ia -iue9s ~ tli=
state. shall hc submitted u said
crum;-S. guers ia lH~I tctial and
agpE9va! III - tag ~ they effect
rules ana regulations made Try
SgcA commissioners. ~ secure
all persons doing business with
said companies. just auC ~ san
abl" rates Of FREIGHT ana pas-r'r-
ger tariffs; s2il commits Gon-r-
may make -uci, rules ana rcGu-
lationS a. L. such contracts and
agreements IL may tnen be
deemed neces~Ar. AM propa..
and amy SUcL agreement rot az
proved by such commissioners,
or by virtue # which rates shall
DO charged exceeding t.e rats
fixed Tor ire -ht and pu-aenEer',
shall be deemed, held aut taken
10 IT. violations Of This ACT, and
shall be Illegal and void.
Sc. 9. That if any railroad
company doing business in thi~
State ~ its agents, or eiai!oy-
ees shall be guilty If Il violation
Of the rules and re- ula tion. Irp
vided and prescribed by SAID
commissioners; anl if alter due
notice Of such violation, given
to the principal Office thereof,
if residing - the Sto'c and ii
not, 20 the manager, 81 superiu
tandent, or secretary, or tre&~u -
er, If residing in the State and
il not then 10 any local agent
thereof ample and full recon-
pense for ti,C WTOMr or injury
done the!eby to any pc SON Or
corporation, d. may ;!G directed
by said comEisssiune :, SHAH
not be made within thirty days
from the time Of such notice,
such company shall incur d pen
atty for each offence, Of not less
than one hundred dollars nor
more than FIVE thousand dollars,
to be fixed by the j0dLe of the
court in which such action shall
be tried. An action for the re
cOyery OF such penalty shall lie
IL any county in the State where
such violation has occurred, OF
wrongs have been perpetrateC
and shall be in the name OF Nortl
Carolina. The Commissioner.
shall institute such action thrO
the Acknowledgement, OF SoliCi
tor Of the judicial district il
which such violation has occur
red, whose fee shall be fixed BY
the Judge Of The court, III which
said action shall be determined
and said fee shall be taxed il
the bill Of costs.
SEC 10. That il any railrOI(
company doing business in TIL.
State shall, in violation Of any
rule Or regulation, provided by
the commissioners aforesaid, in
flict any wrt ny or injury OH any
. person, such person shall have
right Of action and recover,
for such wrong or injury in tn
, county, where the same was done
> aud IN court having Jurisdiction
, thereof, and the damages to b.
recovered shall be the same a
in ;s"t.Ons between individuals
: except that in cases Of willfu
/ violation OF law, such RAILROAD
companies shall be liable to eX
5 empl ~ damages: provided tina
: all suits under this act shall b.
: brought within six months afte
the commission Of the alleged
WRONG or injury.
, SEC. II. That III all cases an
der the provisions Of this &C
= the rules of evidence shall b
r the same as in CIVIL actions
2 except as hereiubefore other
2 wise provided. All fines re
r covered under the provisions 0
e this act shall be paid into tn
: State treasury, to be used 80
e such purposes as the genera
4 assembly may provide, TIL
Y remedies hereby given the PEI
/ sons injured shall be regarde
e as cumulative to the remedic
e now given by law against rail
e road corporations, and this &C
: shall not be construed as repea
b ing any statue giving sue
: remedies.
! SEC. y. That the terms rail-
e road corporal ton" IT Erailroa
) company" contained in this az
+ shall be deemed and taken
mean all corporations, CON
e panies or individuals now 0wr
o ing or operating or which ma
s hereafter own or operate an
s railroad, in whole or in part, ]:
0 this State, and the rrovis ona c
/ this act shall apply to ell pc,
Y sons, firms and companies, an
Il to all associations of person
!, whether incorporated or othe.
5 wise, that shall do business q
i common carriers upon any {
d the lines Of railroad in thi
: State Street railways excepted
: the same as to railroad corpora
q tiOns hereinbefore mentioned.
i SEC. IS. All railroad con
> panies in this State shall, 0
:, / don, :ccno 1,,x,I;n,+a f.o:-I