CRIMINAL LIABILITY - Continued.

For giving or receiving undue preferences in rates:

In general, n. [89], pp. 306, 307.

Elements of offense, n. [90], p. 307.

Each unlawful shipment a separate offense, n. [91], p. 307.
Necessity for action by commission, n. [92], p. 308.

Information and evidence, n. [93], p. 308.

Indictment, n. [94], pp. 308–310; n. [35], p. 342.

Indictment for failure to exact published rate, n. [10], pp. 348, 349. Prosecution for giving free transportation, n. [17], p. 351.

For false weighing, n. [8], p. 357.

Gist of offense of false billing, n. [9], p. 357.

Indictment under statute forbidding false billing, false classification, false weighing, etc., n. [10], p. 358.

For violation of long and short haul rule:

Necessity for action by commission, n. [42], p. 396.

When agent is liable, n. [43], p. 396.

Indictments, n. [44], p. 397.

Trial under indictment, n. [45], p. 397.

Indictment for discrimination in furnishing cars, n. [24], p. 410.
Act of employee of commission in wrongfully divulging facts
learned on investigation of accounts of carrier is a misdemeanor,
§ 52, p. 556.

Act of agent or officer of carrier in violating provisions of Act or
order of commission is a misdemeanor, § 56, subd. 2, p. 595.
Act of agent or officer of corporation other than carrier in violating
Act, or order of commission is a misdemeanor, § 58, subd. 2, pp.
611, 612.

Act of agent of commission in divulging without authority, infor-
mation obtained on examination of gas plant is a misdemeanor,
§ 66, subd. 3, pp. 617, 618.

CROSSINGS AND INTERSECTIONS.
See also "HIGHWAY CROSSINGS."

Public control over, n. [34], p. 375.

What constitutes a union or intersection, n. [35], pp. 375, 376. Actual crossing not necessary to bring carriers within scope of regulative act, n. [36], p. 376.

Who must show need of connections at points of intersection, n. [37], p. 376.

Of steam and electric railroads, n. [38], pp. 376, 377.

Reasonableness of ordinance requiring stopping of trains at, n. [31], p. 502.

CUMULATIVE PENALTIES.

Whether recoverable by individual, n. [69], pp. 215-217.
In actions by state, n., pp. 614, 615.

CUSTOMS AND USAGES.

Are incorporated by implication in contract for transportation, n.
[4], p. 416.

CUSTOMS INSPECTORS.

Carriers may give free transportation to, § 33, pp. 343, 344.

Failure of carrier to transport gives shipper right of action for,
n. [15], pp. 184, 185.

Measure of, for failure of carrier to transport goods, n. [15], p.
185.

Measure of, for exaction of excessive charges, n. [56], p. 209.
Right to recover, for ejectment from cars, n. [74], pp. 220, 221.
In actions by shippers arising from unjust discriminations in rates,
generally, n. [88], p. 306.

Connecting carrier may recover, for discrimination, n. [29], p. 374.
Measure of, in action to recover for violation of long and short naul
rule, n. [41], p. 396.

Measure of, in action for failure to furnish cars, n. [23], p. 410.
Validity of agreement for liquidated, for loss of, or injury to, prop-
erty in transit, n. [21], pp. 430–432.

Effect of stipulation for limitation of liability on rule of, n. [24],
p. 433.

Measure of, for delay in transportation, n. [7], pp. 438, 439.
Validity of statutes allowing recovery of punitive, n. [4], p. 448.
For interference by elevated railroads with easements of light, air,
etc., n., p. 575.

May not be awarded in action to enforce orders of commission, n.
[11], p. 607.

Measure of, for improper refusal to furnish gas, n. [17], p. 630.
DECISIONS AND DECREES.

See also, "ACTIONS;" "COMMISSION;" "INVESTIGATIONS;" "ORDERS."
Finality of decision of Appellate Division upon application to de-
termine appropriation for salaries and expenses of commission,
§ 14, subd. 1, pp. 82, 83.

Of commissioner deemed to be those of commission, § 11, pp. 79, 80.
By commission, in general, n. [17], pp. 472-474.

When commission will modify or reverse, on rehearing, n. [3], p.

114.

Of commissions as to rates and service, judicial review of, n. [9],
pp. 129-132.

Relating to connecting carriers, construction of, n. [23], p. 372.

DEFAULT.

By carrier in filing report, effect of, § 46, pp. 454, 455.

In summary proceedings against carriers, § 57, p. 598.

In summary proceedings against gas or electrical corporations or municipalities furnishing gas or electricity, § 74, pp. 656, 657.

DEFENDANTS.

See, "PARTIES."

DEFENSES.

In various actions, see "ACTIONS."

DEFINITIONS.

Of various words and phrases, see specific heads.

DELAY.

In filing oath of office, effect of, n., p. 78.

In transportation:

As discrimination, n. [11], p. 318.

Duty and liability of carriers, § 38, pp. 414, 415; n. [29], pp.
435, 436.

What constitutes unreasonable delay, n. [30], pp. 436, 437.
Validity of statutes relative to delay, n. [31], p. 437.
Burden of proof, § 38, pp. 414, 415; n. [32], p. 437.
Military occupation as excuse for delay, n. [33], p. 437.
Time for forwarding shipments, n. [34], pp. 437, 438.
Contracts, n. [35], p. 438.

Effect of delay, n. [36], p. 438.

Measure of damages for, n. [37], pp. 438, 439.

DELEGATION.

To commission of power to regulate public service corporations, validity of, n. [14], pp. 51-54.

Of executive, legislative and judicial functions, n. [17], pp. 56-58; n. [20], p. 65.

Of power to punish for contempt invalid, n. [8], p. 99.

DELIVERY.

Of property included in term

freight," § 2, subd. e, p. 32.

transportation of property or

Of live stock to consignee, state act requiring, not regulation of interstate commerce, n. [16], p. 170.

As part of transportation, n. [13], p. 184.

On switches, duty of carrier as to, n. [13], p. 226.

DEMAND.

For transfer on street railroads, n. [62], [63], pp. 213, 214.

Bill of lading to be issued on, § 38, pp. 414, 415.

DEMURRAGE CHARGES.

Construction of statutes relative to, n. [25], p. 411.
Right of carrier to exact, n. [26], p. 411.

Shall be just and reasonable, n. [29], p. 193.

Must be bona fide, n. [62], p. 286.

Reasonableness of, n. [27], pp. 411, 412.

Proper basis for computing, n. [40], p. 514.

As violations of long and short haul rule, n. [32], p. 414.

Allowance of time for unloading before exaction of, n. [28], p. 412.
Lien for, n. [29], p. 413.

Power of commission to regulate, § 37, subd. 2, p. 398; n. [10], p.

486.

DEPOSITION.

Refusal of witness to swear to, and subscribe, § 19, subd. 2, p. 93.
DEPOTS AND STATIONS.

Term "depot" defined, n. [10], p. 40.

Term "station " defined, n. [10], p. 40.

Whether stations are part of street railroad, § 2, subd. e, p. 32.

Stations as part of railroad, § 2, subd. f, p. 33.

Validity of delegation to commission of power to require erection
of, n. [14], p. 54.

Duty of carriers as to, n. [16], pp. 185, 186; n. [4], pp. 552, 553.
What is proper station, n. [16], p. 186.

Tariff schedules to be posted in, § 28, pp. 227, 228.

Preference in grants of right to carry on business at, n. [20], p.
327.

Mandamus to compel the erection of, n. [13], p. 610.

DEPRECIATION.

May be considered in determining as to reasonableness of rates, n.
[48], p. 520.

DEPUTY INSPECTOR OF GAS METERS.

Office of, abolished by Act, § 82, pp. 661, 662.

Powers and duties of, to be exercised by Public Service Commissions
§ 82, pp. 661, 662.

DESCRIPTION.

See also, "FALSE DESCRIPTION."

Of property of gas or electrical corporation to be given in annual
report, § 66, subd. 6, pp. 618, 619.

Of property of municipality, used in furnishing gas or electricity,
to be contained in annual report, § 66, subd. 7, p. 619.

DESIGNATE.

Commission may designate subordinates to examine accounts and
records of carriers, § 52, p. 556.

DESTINATION.

Liability of carrier for loss of, or injury to, goods, until arrival at, § 38, pp. 414, 415.

DESTITUTE PERSONS.

Carriers may give free transportation to, § 33, pp. 343, 344. DEVICE.

Used by inspectors of meters to mark correct meters, to be recorded in office of Secretary of State, § 67, subd. 1, p. 632.

DEVICES.

See also, "BILLING;" "DISCRIMINATION;" "FALSE CLASSIFICATION;" "REBATES."

For giving preferences, n. [16], pp. 259, 260.

DIFFERENTIALS.

Whether unjust discrimination results from, n. [60], pp. 282-284. DIRECTORS.

Power of, to make lease, n. [8], pp. 583, 584.

When acts of, voidable, n. [13], p. 586.

Common directorate, n. [12], p. 586.

When acts of, deemed to be acts of corporation, § 58, subd. 3, p. 612. DISBURSEMENTS.

Reimbursement of, to commissioners and other officers, § 13, p. 81. Made in payment of fees of witnesses, audit and payment of, § 19, subd. 1, p. 92.

Appropriations for payment of, by commission, § 88, p. 669. DISCHARGE.

Of subordinates, what necessary to constitute, n., p. 77. DISCHARGING.

Of grain not interstate commerce, n. [5], pp. 152, 153.
DISCRETION.

Of paying officer as to payment of audited claims, n. [3], p. 86.
Of court in granting preferences, n., p. 111.

Of court in granting temporary restraining order, n. [12], p. 135.
Of carrier in fixing rates, n. [28], p. 192; n. [2], pp. 254, 255.
Of court in taxing counsel fee as part of costs, § 40, pp. 443, 444.
Of commission in prescribing form of accounts, records and memo-
randa, to be kept by carriers, § 52, p. 556.

Of commission as to prescribing methods for keeping of accounts,
etc., by gas and electrical corporations and municipalities fur-
nishing gas and electricity, § 66, subd. 4, p. 618.

DISCRIMINATIONS.

Actions and proceedings arising from, see "ACTIONS;" "PROCEED-
INGS."

Through classification, see "CLASSIFICATION."