Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-12-08

with SAID request tne company % hs-
grieved may. after ten days norce
of the CITY Of Richmond, and the
said commissioners shall thereupon trans
init to the said Circuit Court record Of
their determinations Of the rates or said
company, with the exception OF the com,
pauy. and their decisions thereon and all
The papers and evidence considered By
them In making their decision. The sad
cause shall be placed on the civil issue
docket OF said court and shall nave
precedence of all civil actions, AID
shall be tried under the same
scribed for the trial of other civil caIses.
except that the rate fixed by the commits
sioners shall be priHd Jtdcie just and iair
provided the appeal may, by consent OF
the commissioners and the company, De
heard and determined in chambers before
any Judge of the district through or INTO
which the railroad may extend, or any
circuit Judge holding court therein.
This cause shall be entitled the stare
Of Virginia on relation OF the rail-
road commissioners against such COM
panIes. Either party may appeal to theSu:
preme Court from the judgment OF
the Circuit Court, under the same
rules and regulations as are pre-
scribed by law for appeal, except that
the State of Virginia, if it.shall appeal,
shall not be reduireed 10 give any bondt to
secure the cost Of such appeal, and such
court NAV advance the cause on tneir
docket So as to give the same speedy
hearing: provided that the rates OF treighit
and fare fixed by the commissioners shall
be and remain the established rate, and
shall be so observed and regarded by such
corporation until the same shall be
changed, reversed, or modified by the
Judgment of the Circuit Court.
THE ATToRYEY-GESERAL.
The Acknowledgement shall represent the
said commissioners IN all controversies
pending before the courts OF tins common
wealth. and shall be allowed such foes, 10
be taxed in the bill of costs, as the court
shall allow. The witnesses summoned IN
SAID cause shall be paid the sum of two
dollars a day while attending SAID trlal
before said court, or for ATTENDANCE az
any other point where the order OF said
court may direct, aud in addition thereto
five cents per mile in going and re-
turning from their homes 20 the place
where the order of the court shall require
their presence, TO be paid said witness
out or the Treasury Of the Common
wealth upon q ticket issued by the clerk
of SAID court, stating the name Of such
witness. the number of DAYS of his at
tendance, the number of miles travelled
by him by the most direct route
to the city Of Richmond; and
where the place of attendance -
other than before the said Circuit Court
of the city OF Richmond, "A ticket shall be
issued of like effect by the officer before
whom he is required TO attend, which
ticket shall be certified as correct by one
or mole of said commissioners, and upon
of the ticket issued as above,
directed TO the Auditor Of Public Ac-
counts, he shall issue his warrant upon
the Treasurer of the Commonwealth Tor
payment.
INVESTIGATING RAILROAD BOOKS.
7. That it shall be the duty Of said
to investigate the books
and papers of all railroad companies
doing business in this State, to ascertain
if the rules and regulations aforesaid have
been complied with, and TO make personal
visitation of railroad offices, stations,
and other places of business for the
purpose of exam nation, and 70 make rules
and regulations concerning such examl-
nations, which rules and regulations shall
be observed and obeyed a. other rules and
aforesaid Said commissioners
shall have full power and authority to ex-
anime all agents and employees OF said rail-
road companies and other persons. under
oath or otherwise, in order to procure the
necessary information 10 make just and
rates OF freight and passenger
tariff, and to ascertain If such rules and
regulations are observed or violated, and
to make necessary and proper rules and
regulations concerning such examinations,
and which rules and regulations herein
for shall be obeyed and enforced
as all other rules and regulations provided
for IN this act.
FURTHER POWERS or THE COMMISSION.
8. That all contracts and agreements be-
tween railroad companies doing business
in this State. as to rates OF freight and
tariffs, shall be submitted 10
said commissioners for inspection and cor
rection, that 1t NAV be seen wht Their or
not they are violation of the law or of
the rules and regulations of said commits
sioners and all arrangements and agree
ments whatever as TO tie division Of earn
ings of any kind by competing
railroad companies doing business IN
this State shall be submitted 10
said commissioners for inspection and
approval, IN so far as they affect the rules
ers. TO secure all persons doing business
with the said companies just and reason
able rates of freight and passenger tarlf;
and said commissioners may make such
rules and regulations as 20 such contracts
and agreements as may be deemed neces-
sary and proper, and any such agreement
not approved by such commissioners, or
by virtue of which rates shall be charged
exceeding the rates fixed for freight a1d
passengers, shall be deemed, held and
taken To be violations of this act, and shall
be illegal and void.
THE PENALTIES.
9. That if any railroad company doing
business in this State. or by Its agents or
employees, shall be guilty of violation of
the rules and regulations provided and
prescribed by said commissioners, and if,
by due notice of such violation given TO
the principal officer thereof. if residing
within the State Of Virginia aud if not, to
the manager, or superintendent, or secre-
tary, or treasurer if residing in the State
of Virginia, and if not then TO any
local agent thereof-ample and full
recompense for the wrong or injury done
thereby TO any person or corporation, as
may be directed by the commissioners,
shall not be made within thirty days with
in the time of such notice, such company
shall incur a penalty for each offence of
not less than 81, 900 nor more than $500
to be fixed by the. judge OF the court
in which such action shall be tried.
penalty shall lie in any county of
the State where such violation has
occurred or wrong has been perpetrated,
and shall be in the name OF the Common
wealth of Virginia. The commissioners
shall institute such action through the
Attorney General OF the attorney for the
Commonwealth of the county or corpora
ton in which such violation has occurred,
whose fees shall be fixed by the Judge of
the court in which said action shall be de-
termined. And said fees shall be taxed IN
the bill of cost.
10. That if any railroad company doing
business in this State shall in violation OF
any rule or regulation, provided by the
aforesaid, infliet any wrong
or injury upon any person or persons, said
persons shall have a right OF action
and recovery for such wrong or in
Jury in the corporation or circuit
courts of said county or corpora
tons where the cause of injury arose or
where the party resides. The damages to
DO recovered shall be the same as IN ac-
tons between individuals, except that in
cases of wilful violations of law such rail
road company shall be liable to exemplary
damages: provided that all suits under
this act shall be brought within twelve
months after the commission of the al
legged wrong or injury.
II. That in oil cases under the proyi-
sions OF this act the rules OK evidence
shall be the same as in civil actions, ex-
cept as hereinbetore or otherwise provided.
All fines recovered under the provisions of
tbia N ~ abai1 hA maid INTO cha Stato fraa