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

road ln this State, or any director, officer 1 agent or employe of such carrier, rall- road corporation. person. company cor pefation trustee receiver or lessee Is party when petition or motion is filed oy the party, or any of the parties op- posed in interest to said carrier, railroad corporation, person, company, corporation, trustee, receiver or lessee, or any di- rector, officer, agent or employe of such carrier, railroad, corporation. person, company corporations trustee receiver or lessee, stating that in the belief of the petitioner an examination or inspee- ton Of the books papers, documents, records, accounts, memoranda, contracts, or either Of them, of said carrier, rall- road corporation, person. company. COZ poratlon, trustee, receiver, or lessee opei- atlng said railroad is necessary for the proper preparation and trial of said cause ana determination of the issue or issues therein verified by the affidavit Of said party filing the same. or his attorney of record. the court or any judge thereof snail have power and authority, and il snail be the duty of said court or judge, To grant all order requiring said carrier or railroad corporation or person, com pany, corporation. trustee, receiver or lessee operating the road, to submit all or Us books, papers, documents, records, accounts, memoranda, and contracts 10 the inspection and examination of the party filing said petition. or his attorney or record, and of any expert accountant or accountants specifically named in said order and any assistants who may be selected by the person or persons so named
 sec. z Upon the granting of said order the person or persons named in said order and his or their assistants. shall have power and authority to inspect and ex- anime all of the books papers, dpeu- ments, memoranda, records and contracts Of said carrier, railroad corporation. or person, company corporation, trustee, re- ceiyer or lessee, wherever tho same may De kept, whether within or without this Stale, and to make analyses of and take copies rom the same, and 1t shall be the duty or such carrier, railroad corpora lion or person, company corporation trustee, receiver or lessee, and of every officer agent or employe thereof who mas the custody of said books, papers, documents, accounts, memoranda, records and contracts. or any of them, to submit the same to the inspection and examina- tlon of said person or persons and his or thelr assistants, upon presentation of copy of said order. duly certified by the Judge making the order or by the clerk Of the court. when made by n court
 Sec. 3. If said carrier, railroad, cor ppfdtlon or person, firm, corporation, trustee. receiver or lessee operating said railroad, or the officer agent or employe having the custody of the same. shall fail or refuse to submit it's books, papers, qocuments, accounts, memoranda, rec ords and contracts, or any of them, to the inspection and examination of the party filing said petition, or his attorneys Of record, or the examiner or persons specifically named in said order, or hls assistants, or any of them as required by the provisions of this act, or shall sub init to their inspection and examination any false books, papers. documents, ac- counts, records, memoranda or contracts, the court may, if the party applying for said order be q plaintiff in said suit, ren- der judgment by default. or direct a judgment by default to be entered against the defendant, and if the party applying for said order be the defendant in said suit may direct d non-suit to be entered
 Sec. 4. That this act shall go into ef- feet immediately upon its passage and approval.
 Sec. D. That all laws and parts of laws in conflict or inconsistent with the pre- visions of this act be, and the same are hereby repealed.
 Approved November 23, 1907
 Official:
 F. N. Julian,
 Secretary of State