Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1892-01-01

any rule OF regulation provided by the COM
missioners aforesaid, infict any wrong or in
jury upon any person OF persons, said person
shall have ID r,gns Of action and recovery for
such wrong o. injury, in the corporation or
circuit courts Of SAID county or corporations
where the cause of injury arose, or where the
party resides. The damages to be recovered
shall be the same as in actions between indi-
viduals, except that, in cases of wilful viola
ton of law, such railroad 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 OF injury.
FINES TO GO TO THE STATE TREASURY.
Sec. 10. That in all cases under the provis-
ions of this act, the rules Of evidence shall be
the same as in civil actions, except as herein
before OF otherwise provided. All fines re-
covered under the provisions of this act shall
be paid into the State treasury, to be used for
such purposes as the General Assembly may
provide. The remedies hereby given the per-
sons injured shall be regarded as cumulative
to the remedies now given by law against
railroad corporations. And this act shall
not be construed as repeating any statutes
giving such remedies.
EXPRESS, STEAMBOAT, CANAL BOAT AND TEL
EGRAPH COMPANIES INCLUDED IN
THE ACT.
Sec. 16. That the term "such companies OF
railroad companies contained in this act,
shall be deemed and taken to mean all cor
porations, companies, OF individuals now
owning or operating, OF which may hereafter
own OF operate, any railroad, steamboat,
canal, express business or telegraph line, in
whole or in part, in this State and the pro-
visions of this act shall apply, as far as ap-
plicable, to all persons, firms and companies,
and to all associations OF persons, whether
incorporated or otherwise, that shall do bust
railways excepted), the same as railroad cor
poratiOns hereinbetore mentioned
THE COMMISSION TO REPORT ANNUALLY.
Sec. II. That it shall be the duty of the
board of commissioners herein provided for to
make to the governor annual reports and such
general or special reports as may be called
for by the governor at any time, of the trans
actions OF the office, and to recommend from
time to time such legislation as they may
deem advisable under the provisions of this
act, and the governor shall have one thousand
copies of such report printed for distribution
THE POWER OF THE CORNERSTONE SITTING
AS A COMMISSION, TO BE THE SAME AS
COURT OF JUSTICE.
Sec. 1S. That said board of railroad COM
missioners, in making any examination for
the purpose of obtaining information pursu-
ant to this act, shall have the power to issue
subp9nas for the attendance of witnesses by
such rules as they may prescribe. And such
witnesses shall receive for such attendance
two dollars per day and five cents per mile
travelled by the nearest practicable route in
going to and returning from the place of
meeting of said commissioners, to be ordered
paid by any one of said commissioners upon
presentation Of subpenas, sworn to by wit
nesses as to the number of days served and
miles travelled. before the clerk of said COM
missioners, who is hereby authorized to ad-
minister oaths. That all subp9nas for wit
nesses to appear before said commissioners, OF
before any one or more OF said commissioners
and notices to persons or corporations shall
be issued by one of said commissioners and
directed to any sheriff, constable or sergeant
VI ttHy Olty VI 0OWH, WIZ Sudll execute Une
same in his bailiwick and make due return
thereof as directed therein under the penal
ties prescribed by law for a failure to execute
and return the process of any court, and if
any person duly summoned to appear and
testify before said commissioners shall fail
or refuse to testify, without lawful excuse.
or shall refuse to answer any proper question
>propounded to him by said commissioners in
the discharge of duty or shall conduct him.
self ill a rude. disrespectful OF disorderly
manner before said commissioner or any of
them. celebrating in the discharge of duty,
such person shall be deemed guilty Of a con-
tempt, and may be punished by said commits
sioners in the same manner and to the same
extent as the courts Of this CON iiaQnwealth
have the power to punish for contempt of
court.
THE EXPENSES OF THE COMMISSION TO BE AS
sEssED ON THE RAILROADS.
Sec. 10. The annual expenses and salaries
of said commission and its clerk, including
Office rent. furniture and stationery, not to ex-
coed two thousand dollars for the first year and
fifteen hundred dollars for each year there
after, shall be apportioned among the several
companies owning or operating railroads, and
other common carriers embraced in this
measure, in this State, by the commissioners,
according to the gross income of said COM
panes, and reported by said commission to
the auditor of public accounts. On or before
the first day of July Of each year the auditor
shall assess upon each of said companies it's
just share of said expenses in proportion to its
gross income for the year next preceding that
in which the assessment is made. Notice of
such assessment shall be given to the respec-
tive companies by the said commission, and
if not paid into the treasury within twenty
days of said notice, may be recovered in the
circuit court of the city of Richmond, after
ten days notice on the motion of the auditor.
and, in his name, for the benefit of the COM
monWealth The salaries and expenses of
the said commission shall be payable quar-
terly on the first days of January. April
July and October, respectively The mem
beers of said commission, the clerk thereof
and experts who may be employed when nee
essary under judgement of the commission.
shall be transported free on every railroad in
this State.
PENALTY OF FROM 500 to $1,000 ON RAILROAD
EMPLOYEES.
Sec 20. That every officer, agent, or en-
ployee of any railroad company who shall
wilfully neglect or refuse to make and furn-
ish any report required by the commissioners
as necessary to the purpose of this act, OF who
shall Wilfully and unlawfully hinder, delay
or obstruct said commissioners in the dis
charge of the duties hereby imposed upon
them, shall forfeit and pay sum of not less
than one hundred nor more than five thousand
dollars for each offence, to be recovered in an
action of debt in the name of the state.
EXCEPTIONS TO THE OPERATION OF THE
LAW
Sec. 81. Nothing in this act shall apply to
the carriage, storage, or handling of property
free Or at reduced rates for thu IIriAol S,4.4a.