The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-08-30

poftstion have been or may hereafter
be BY statute made the maximum rates,
or such rates have been. or may here
after be established by the Railroad
Commission Of Alabama. IL shall be
unlawful 70 rany common carriers. It's
officers, agents or employees to publish.
exact. charge or receive any higher or
greater rate than that prescribed By
statute. or than that which has been
made the maximum rate by statute, or
than the rate prescribed by said Railroad
Commission for the transportation Of
such property or passengers. or to re-
fuse to receive property or passenger
for transportation ut such rates. !"
Sec. Q. Every common carrier which
shall violate any Of the provisions Of
this Act shall forfeit to the State OF
Alabama q sum not exceeding one hun
dred dollars for each offense to he de-
termined by the court or Judge try
ing the cast. Sec. 3. Each exaction.
charge or receipt of fare for the
transportation OF q passenger or Of .
rate or compensation for the transpor-
tation Of property. In excess of the
statutory rate or fare, or the rate or
fare estabIished By the Railroad Com
mission. and each refusal to receive
any property or passenger for trans
portation at such rates, shall be sep
arate and distinct offense, and the act
Of any ofiicer or other person acting
for or employed by any common car
rier, acting within the scope OF his
oficial duties or employment, In exact
Ing or charging such excess rate or
fare shall be. in every case. and be
deemed to be. the act OF such common
carrier. Sec. &. Every ofiicer, agent
or employe of such common carrier.
who shall violate, or who procures.
aids or abets any violation OF the pro-
visions of this act shall be guilty Of
misdemeanor, and upon conviction
shall be fined q sum not exceeding one
hundred dollars for each offense. to be
determined by the court or Judge try
ing the case. Sec. 8. A civil action
to recover the forfeitures provided for
In Section Q Of this act may be brought
at any time within two years from the
date the offense was committed or for
feiture was incurred In the name of
the State of Alabama. In any court OF
competent Jurisdiction IN any county
In which the carrier 10 engaged In
business. In such action any number
OF forfeitures incurred up to the time
of commencing the same and not pre-
viously recovered may be sued DOR and
recovered. or separate SUITS may be
brought for each penalty or forfeiture.
and the commencement Of an action
to recover q forfeiture shall not be.
or be deemed to be. q waiver of the
right to recover any other forfeitures-"
Sec. 2. That all laws and parts OF
laws in conflict or inconsistent with
the provisions OF this act be and the
same are hereby repealed.
Sec. 3. This Act shall 60 into effect
and be operative Immediately upon It's
approval.
Approved August 20. 1909.
Oflcial.
Frank N. Julian.
Secretary Of state.
No. AL AN ACT Is. 49,.
To provide that all Confederate SOL
diers, sailors, and their widows,
VINO are entitled to draw q pension
under the laws Of Alabama, shall
be entitled to and receive O PEN
sion of the frst-class when they
are or shall become 80 years of
age.
Section /. Be It enacted by the Leg
islature of Alabama. That all Cunfed-
crate soldiers, sailors. and their Wild
ows who are entitled to drawta PEN
sion under the laws OF Alabama, and
are ON the pension ron or may here
after be placed thereon. shall be en-
titled to and receive a pension OF the
nrst class, ana be classad as pension
ers OF the first-class when they are or
shall become so years Of age.
Sec 2. That proof OF the age pre-
scribed In Section / may be made at
any time by the afiidavit of any CON-
petent witness taken before or certi-
fed by the Probate Judge OF any
county Cor any officer authorized to adj
| minister oaths1. and when so made tins
Judge of Probate shall immediately
| forward same to the State Auditor
ana the said Auditor shall forthwith
place such person on the pension roll
Of the first class.
Section 8. All laws and parts OF
laws In conflict with the provisions oil
this act, be and the same are hereby
repeaaled.
Approved Aug. 10. 1905.
official:
Frank N. Julian,
Secretary Of state. -
90 a'.--~-- = sfit
No. 81 AN ACT y ., 81 G; ~;
Section /. Be It enacted by the
Legislature OF Alabama, that Section
3a74 of the Code Of Alabama be. and
the same Is hereby, amended so as to
read as follows, to-wit: 1914 (s92}
i7ss) (2i64y (l54D (1s75). When
self proving; certified copy evidence
Conveyances of property. real or per-
sonal. or any interest therein. whether
alb solute or on condition, which
are acknowledged or proved according
to law. and recorded. may be received
in evidence in any court without fur
Their proof: and IL II appears to the
court that the original conveyance
has been lost or destroyed. or that the
party Offering q transcript had not the
Gu stody or control thereof. the court
must receive the transcript. duly GER
tilted. in the place of the original. un-
less the reputed maker Is In bona
fide possession Of the property and
makes and flles an AFFIDAVIT that the
eaid conveyance Is q forgery. Provided.
that the provisions of this Act shall
not apply to any case now pending.
which was brought since the Code OF
1907 became operative and before the
passage and approval Of this Act.
Sec, 2, Be IL further enacted, That
all laws and parts offlaws in conflict
with the provisions hereof be and the
same are hereby repealed.
Approved Aug. Is, 1908.
Omcial:
Frank N. Julian,
Secretary of state.
No. 43-1-2) AN ACT. Oh. IL
To amend Section $3.50 Of the Code
Section. l. Be 1t enacted by the
Legislature of Alabama, That Section
$500 of the Code be. and the same
Is hereby amended so as to read as
follows. $500 Railroads and common