Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1892-03-11

shall, in the name of the commonwealth, pro-
coed to have all matters OF cause OF complaint
adjusted by the circuit court, OF the Judge
thereof in vacation. of the county OF city
wherein the cause of complaint arose, having
| first given the said common carrier, or person
operating the company, ten days notice,
| which notice shall contain the cause of COM
plant. The case shall be heard by the said
circuit court, OF the judge thereof in vacation,
on said notice. and no other pleadings shall
| be required. The said court or judge, if its
decision is in favor of the commonwealth,
shall ~ mandatory OF restraining order pre-
| vent the common carrier OF person complained
| of from further continuing to violate the law.
1t shall also be the duty of the commissioners
require every such common carrier to post and
keep posted conspicuously in every passenger
and freight depot of the company a copy of
this section, printed in large type on card
| board, in which shall also be stated the name
of the commissioner and the location of his
office, and to that end the commissioner shall
furnish sufficient number of copies.
SERVICE OF NOTICE IN SUCH CASES.
Is. The notice required in the preceding
section shall be served and returned in the
manner now prescribed by law for the service
of notices on corporations. OF on trustees, es
see, or receiver Of corporations, or any indi
vidual, as the case may be, and the return
thereof; and any person keeping, attending
to, or having charge of any wharf along the
route of said company shall be deemed an
agent on whom notice may be served under
this act, OF service upon any clerk OF purser
of any steamboat OF steamship shall be suffi-
cient service upon the company.
COdMoNwEALTH's ATTORNEY TO APPEAR.
IS. 1t shall be the duty of the common
wealth's attorney of any county OF city in
which proceedings are Instituted under this
act to represent the state, and such proceed
ings shall have precedence over all others on
I the docket in either court.
RIGHT OF APPEAI.-ATrORNEY GENERAL TO
APPEAR-FEEs TO BE ALLOWED.
II. Either the Commonwealth or any COM
mon carrier being aggrieved by any Judgment,
order, OF ruling made by any circuit court OF
judge thereof. under the provisions of this
act, shall have the right to except thereto and
have such exceptions entered of record, and
nave ulC llSuo Wy JILL VI CASCpolOilo W nave
any evidence introduced made part of the
record; and the right to present a petition to
the Supreme Court of Appeals for an appeal,
writ Of error, OF supersedeas to any final
Judgment, order, or ruling complained OF,
and the right to such appeal, writ of error, or
supersedeas shall be determined, and, if al
lowed, the case shall be proceeded in, heard,
and finally determined as in like cases made
and provided. In any case determined in the
circuit court, or by the judge thereof in vaca-
ton, in favor of the Commonwealth, an at
torney's fee of ten dollars shall be taxed
against the company; and in the Supreme
Court of Appeals an attorneys fee of twenty
dollars shall be taxed as part of the costs for
the Attorney General, who shall appear for
the Commonwealth in all cases in the SUI
preme Court of Appeals.
DEFINITION OF COMMON CARRIER
IS. The term common carrier shall be
construed to include any railroad, express, OF
canal company chartered by this OF any other
State, and doing business in this State, and
any steamboat, steamship, OF ferry company
doing business i'll this State. whether incor-
porated OF not, and whether operated OF con-
trolled by an individual partnership.
FREE OR REDUCED RATEs-EXC URSION OR COM
MUTATION T1CKETs-PAssEs AND FREE
TRANSPORTATION.
49, That nothing in this act shall apply to
the carriage, storage, OF handling of property
free or at reduced rates for the United States,
State, OF Municipal governments, or for
charitable purposes, OF to OF from fairs and
expositions for exhibition thereat, or the free
| ~, of ;4,4oo
and the necessary agents employed in such
transportation, OF to mileage, excursion, OF
| communication passenger tickets. OF to persons
in charge of live stock being shipped from
the point of shipment to the point Of distina-
ton and return; nothing in this act shall be
construed to prohibit any common carrier
from giving reduced rates to ministers of re-
ligion, OF to INDECENT persons, OF to inmates of
the Confederate homes, OF State homes for
disabled soldiers, and of disabled soldiers
and sailors, including those about to enter
and those returning home after discharge, or
carrying the same free; nothing in this act
shall be construed to prevent common car
riers from giving free carriage to their own
officers, employees, and members of their FAM
lilies, OF to prevent the principal officers of
dHy IdillOdu VI lIOHl OK
changing passes OF tickets with other railroad
companies for their officers. employees, and
members of their families and nothing in
this act contained shall in any way abridge
OF alter the remedies now existing at common
law OF by statue; but the provisions Of this
act are in addition to such remedies: provided,
that no pending litigation shall in any way
be affected by this act.
SECTIONS OF THE CODE OF VIRGINIA
REPEALED.
20. Sections 1906, 1,2O6, 1908. 1909, 1910,
1,21l, 1,2l4 1924 1896 ,237 1885, 1,257, 1910,
and 1,3Oe, as amended by act approved March
fourth eighteen hundred and ninety, of the
Code of Virginia, eighteen hundred and
eghty-seven, are hereby repealed but this
act shall not be construed as otherwise alter
ing OF repeating the general law of this State
relating to common carriers and the duties Of
railroad commissioner, not inconsistent with
this act.
81. This act shall be in force from June
1st, 1892.
ACOUITTAL OF DR.. BAKER.