The Montgomery advertiser., 1907-12-20

ther to file with said commission an additional bond of like character.
 amount and conditions, to be approved in like manner, whenever the difference
 between the aggregate freight charged
 and received for the transportation of
 such articles and the aggregate
 frefghts which 1t would have been en.
 titled to charge and receive for such
 transportation if calculated according
 to. or based on. the rates complained of equals or exceeds the penalty or amount of said bond. Said bond shall
 be collectible or enforceable by suit
 or otherwise only by the State of
 Alabama. the proceeds thereof to be
 used te reimburse those shippers who had paid excess rates or charges. From
 the time said bond shall have been given the order appealed from shall
 be stayed and superseded and it shall
 be lawful for the appellant to charge the rates which had been reduced by
 said order until the final disposition
 of said cause. Provided, however, that
 failure to file with said Railroad
 Commission any of the sworn state-
 ments in this section provided for
 within thirty s(30) days after the same
 shall have been demanded in writing
 by said commission. or the failure to
 give such additional bond within f1f-
 teen days after the same shall have
 been demanded in writing by said conn
 mission shall co instant revive the or-
 der appealed from, and the rates, fares and charges as reduced by said order
 shall be the lawful rates and charges
 until the final disposition of said cause.
 The notices or demands above provid-
 ed for the giving of said statements and said bonds may be served in per- son on, or be given by registered let
 ter properly stamped and addressed to any superintendent or officer or man.
 aging agent in this State or without the State.
 When the order appealed from af-
 fects rates or fares for the transportas- ton of passengers only, the bond to
 be given to supersede and stay said
 order shall be in such sum as the ap- pellate court or judge thereof direct ing the supersedeas shall fix, not less than twenty-five thousand dollars, to
 be approved by the judge of said court and filed with the railroad commits sion, an additional bond similar in all
 respects to be given at the end ot each year pending the appeal, or any sub sequent appeal to the Supreme Court conditioned to pay all such damages,
 or loss as any person, firm, company or corporation may sustain by reason of the payment. pending said appeal, or any subsequent appeal to the Su- preme Court, of any rate or fare in
 excess of the rate or fare complained of in the event said order reducing said rates or fares should be affirmed. From the time said bond is filed as aforesaid the order appealed from shall be stayed and superseded and 1t shall be lawful for the appellant to charge, until the final disposition of said cause, the rates which had been reduced by
 said order. Any person, firm, company or corporation who shall sustain any loss or damage by reason of said su- persedeas or the payment of such ex- cess fare as aforesaid may, at any time within two years after the final dispo- sition of said cause, sue on said bond in the name of the State of Alabama for his use and recover such damages as he may have so sustained, including any overcharge or excess rate or fare which he may have paid. A copy of said bond, duly certified by the chiet clerk or secretary of the commission. or by any member thereof, under the
 seal of the commission, shall be rec ceived in evidence without furtlier
 proof.
 When the order appealed from af- fects the rates, fares and charges for the transportation of both property and passengers the two kinds of bonds above provided forf containing | the conditions above prescribed, shall both be required and given before said
 order or orders appealed from shall be | superseded. .- When the apepal is from an order of the commission, denying, dismissing or refusing to grant the prayer of pe- tition or application to increase any rates, fares or charges, or any sched-
 uie, or part OF parts of any schedule, of such rates, fares or charges, or re- fusing to raise or increase the same, the common carrier or railroad cor
 poration shall have the right to charge
 and 1t shall be lawful for it to charge,
 pending said appeal and any subse-
 quent appeal by either party. to the
 Supreme Court, and until the final dis position of the cause, the rates, fares.
 or charges sought by the petition or
 application, not exceeding the rates, fares or charges in force on its road
 for the same services on the first day
 of January, 1907; provided the appel
 late court or the judge thereof. upon
 the petition of the appellant to be al-
 lowed to charge such increased rates
 or fares after hearing and notice, and
 after a consideration of all the testi-
 mony taken before the commission,
 shall be of the opinion that the order
 of the commission refusing to increase
 said rates, fares or charges was prob
 aDly errOn6OuSS anu pTOVlueu IuTtHcEt
 that the said common carrier or rail-
 road corporation shall have first exe-
 cuted and filed with the commission
 a good and sufficient bond with two
 or more sureties, to be approved by
 the judge of the appellate court, and
 payable to the State of Alabama, which
 bond. when the rates or charges sought
 to be raised relate to the transporta-
 tion of property only, shall be in the same amount and conditioned, with re-
 spect to the filing of said sworn state
 ments and the giving of said addi-
 tional bonds, and in all other respects,
 as the bond required by this act to
 be given to supersede an order of the
 commission reducing such rates, fares
 or charges, and to be enforceable and collectible in the same manner and for the same purposes as such bond. From the time said bond shall have been given the said common carrier or rail
 road corporation shall have the right to charge. and it shall be lawful for 1t To charge and receive, pending said appeal and any subsequent appeal to the Supreme Court, and until the final disposition of said cause, the rates or charges sought by said petition or ap- plication, not exceeding the rates and charges on its road for the same ser
 vices in force on the first day of Jam uary, 1907. And when the rates or fares sought to be raised relate to the transportation of passengers only. the bond to be given shall be in the same