The Birmingham age-herald., 1907-12-20


 fore the commission shall so direct If
 the appeal be from an order of the com
 mission reducing such rates, fares or l charges, or any of them, or any schedule, or part of parts of any schedule of such | rates, fares or charges, the appellate court, or judge thereof, shall not so dl- rect or order supersedeas or stay of
 the action or order appealed from with out requiring as q condition precedent to
 the granting of said supersedeas that the
 common carrier or railroad corporation 1 applying for the same shall execute and file with the railroad commission
 q good and sufficient bond with two or ] more sureties, to be approved by the 1 judge of the appellate court, payable
 to the State of Alabama, in the sum l of twenty five thousand dollars when | the railroad of the carrier appealing is l less tran fifty miles in length and in ] the sum of fifty thousand dollars when
 said railroad is fifty miles or more in l length, conditioned, when the order | appealed from affects rates or charges
 for the transportation of freight only,
 to make and file with the Railroad ] i three months pending the appeal and
 until the final disposition of the cause,
 beginning at the end of the first three
 months after the perfecting of the ap- | peal, showing all the articles of freight | subject to the rates affected carried
 over it's road during the preceding ninety days, together with the names ! of the shippers and consignees, the
 dates of shipments, the points of con- signment and destination and the | amount of freight charges received or 1 charged thereon; and conditioned fur ther to file with said commission an ad- | ditional bond of like character, amount ' and conditions, to be approved in like
 manner, whenever the difference between
 the aggregate freight charged and re- | ceived for the transportation of such ar i ticles and the aggregate freights which 1 it would have been entitled 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 l. bond shall be collectible or enforceable by
 suit or otherwise only by the State of l Alabama, the proceeds thereof to be used ] to reimburse those shippers who had l paid excess rates or charges From the 1 time said bond shall have been given
 the order appealed from shall be stayed and supersedead and it shall be law
 full for the appellant to charge the rates
 which had been reduced by said order un- 1 till the final disposition of said cause. 1 Provided, however, that a failure to file ] with said Railroad Commission any of the 1 sworn statements in this section provided
 for within thirty (30) days after the same shall have been demanded in writing 1 by said commission, or the failure to i give such additional bond within fifteen days after the same shall have been de-
 manded in writing by said commission shall GO instant revive the order ap-
 pealed 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 mo- tices demands above provided for
 the giving of said statements and said bonds may be served in person on, or be given by registered letter properly | stamped and addressed to any superin- 1 tendent or officer or managing agent n
 this State or without the State.
 When the order appealed from af- | fleets rates or fares for the transporta 1 tion 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 1 than twenty-five thousand dollars, to be 1 approved by the judge of said court ! and filed with the railroad commission, an additional bond similar in all respects to be given at the end of each year pend l ing the appeal, any subsequent appeal | to the Supreme Court conditioned to pay ! all such damages, or JOSS as any person, |, firm, company or corporation may sustain 1 by reason of the payment pending said 1 appeal, or any subsequent appeal to the l Supreme 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 l 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 1 disposition of said cause, the rates which i had been reduced by said order. Any per l son, firm, company or corporation who. | shall sustain any loss or damage by req 1 son of said supersedeas or the payment , ] at any time within two years after the | final disposition of said cause sue on said 1 bond in the name of the State of Ala | bama for his use and recover such dam ! ages as he may have so sustained in- | cluding any overcharge or excess rate or | fare which he may have paid. copy 1 of said bond, duly certified by the chief 1 clerk or secretary of the commission, 1 or by any member thereof under the [ seal of the commission, shall be received | in evidence without further proof
 ! When the order appealed from affects ! the rates, fares and charges for the l transportation of both property and pas | sengers, the two kinds of bonds above | provided for. containing the conditions | above prescribed, shall both be required l and given before said order or orders
 appealed from shall be superseded
 l! When the appeal is from an order of 1 the commission, denying, dismissing or 1 refusing to grant the prayer of pe- 1 tition or application to increase any rates, | fares or charges, or any schedule, or | part or parts of any schedule, of such
 rates, fares or charges, or refusing to 1 raise or increase the same, the common
 carrier or railroad corporation shall have ! the right to charge and 1t shall be lawful 1 for it to charge. pending said appeal and 1 any subsequent appeal by either party, | to the Supreme Court, and until the 1 final disposition of the cause, the rates, 1 fares charges sought by the petition ! or application, not exceeding the rates | fares or charges in force on it's road 1 for the same services on the first day l of January. 1907; provided. the appellate court or the judge thereof upon the
 petition of the appellant to be allowed