the time, hereinbefore prescribed for making the same shall have elapsed, and when such fences and guards, or any part thereof, is not in sufficiently good repair to accomplish the objects for which the same is herein prescribed, is intended, such railroad corporation and its agents shall be liable for any and all damages which shall be done by the agents, engines or trains of any such corporation, or by the locomotives, engines, or trains of any other corporations permitted and running over or upon their said railroad, to any cattle, horses, sheep, or hogs thereon; and when such fences and guards have been fully and duly made, and shall be kept in good and sufficient repair, such railroad corporation shall not be liable for any such damages, unless negligently or wilfully done; Provided, however, That any person, company, or corporation owning land adjoining the right of way of any railroad company in this state, and not within the limits of any town, village, or city, and intending to enclose his or their land, or any part thereof, that adjoins such right of way or railroad, with a fence, such person or the secretary of such company, or corporation, by direction thereof, may notify in writing such railroad company of such intention, and request such railroad company to build a lawful fence as described in this section on the line between their railroad and the land intended to be enclosed. Such notice shall definitely specify two points on such line between which points such fence is requested to be erected, and describe the field intended to be enclosed. The railroad company shall, within six months after receiving such notice, cause to be erected the fence required by such notice, and in case of a failure so to do, the party so giving notice as aforesaid may cause such fence to be erected at a reasonable cost and collect the amount thereof from the railroad company so neglecting to erect the fence. [Amended 1883, chap. LXII.]

SEC. 2. [Liable for stock killed and injured.]-Any railroad company hereafter running or operating its road in this state,.and failing to fence on both sides thereof, against all live stock running at large at all points, shall be absolutely liable to the owner of any live stock injured, killed, or destroyed by their agents, employes, or engineers, or by the agents, employes or engines belonging to any other railroad company, running over and upon such road, or there being; Provided, That in case the railroad company liable under the provisions of this section, shall neglect or refuse to pay the value of any property so injured or destroyed, after thirty days notice in writing given, accompanied by an affidavit of the injury or destruction of said property, to any officer of the company, or any station agent, or ticket agent, employed in the management of its business, in the county where the injury complained of shall have been committed, such railroad company, their agents and employes shall, in an action brought to recover damages therefor, be held and they are hereby declared to be liable to pay double the value of the property so injured, killed, or destroyed as aforesaid; Provided, further, That if the railroad company do not object to the value of the property so injured or destroyed, as set forth in the notice aforesaid, within ten days, it shall be considered and taken as the true value, but if the said railroad company are dissatisfied with the value as set forth is [in] said notice, they shall, within ten days, leave a written notice to that effect at the residence or place of business of the owner of the stock so injured or destroyed, and the value shall then be ascertained and determined in accordance with the provisions of section 5 of the general herd law. [Amended 1877, 59.]

SEC. 3. [Damages to passengers.]-Every railroad company, as aforesaid, shall be liable for all damages inflicted upon the person of passengers while being transported over its road, except in cases where the injury done arises from

SFC. 2. So much of this section as gives "double" damages for property destroyed. Held unconstitutional. 6 Neb. 37. Damages to animals on account of failure to fence along line of road. 11 Neb. 596. Fence broken down; owner of stock not guilty of contributory negligence. 13 Neb. 484. If there be no fence up, plaintiff only required to prove fact of killing, ownership, etc., and that road was not fenced. 14 Neb. 17. Same liability exists where stock is running at large in night time. Id. 24. Company liable when animals are killed through negligence of employes running train. Id. Negligence of owner no defense. 15 Neb. 366. Railroad not required to place guards or fence around cut within limits of city, away from public thoroughfare. 14 Neb. 234.

the criminal negligence of the persons injured, or when the injury complained of shall be the violation of some express rule or regulation of said road actually brought to his or her notice.

SEC. 4. [Service of summons.]-Service upon railroad companies may be made as upon other corporations, or by leaving a copy of the summons by the proper officer, with any station agent, ticket agent, conductor or other officer of said railroad formed within the limits of this state, or left at their usual place of business within said county.

SEC. 5. [Liability as common carriers,]-No notice, either express or implied, shall be held to limit the liabilities of any railroad company as common carriers, unless they shall make it appear that such limitation was actually brought to the knowledge of the opposite party and assented to by him or them, in express terms, before such limitations shall take effect.

ARTICLE II.-FOREIGN COMPANIES.

SECTION 1. [May extend into Nebraska.]-That any railroad company heretofore organized under the laws of the states of Kansas, Missouri, Iowa, Minnesota, or territory of Dakota, or any company so organized under the laws of another state whose road may extend across any one or part of any one of these states or said territory, is hereby authorized to extend and build its road into the state of Nebraska. And such railroad company shall have and possess all the powers, franchises, and privileges, and be subject to the same liabilities of railroad companies organized and incorporated under the laws of this state; Provided, Such non-resident company shall first file a true copy of its articles of incorporation, with the secretary of this state, and shall comply with the laws of Nebraska, as to filing and recording articles of incorporation and in all things required by law relating to railroads, and otherwise in this state; and such nonresident railroad company shall keep an office in this state in some county in which its road is, or is proposed to be, and shall be liable to civil process, to be sued and to sue, as provided by law. [1879 § 1, 106.]

SEC. 2. [May mortgage, lease, or sell property in Nebraska.]That it shall be competent and lawful for any railroad company heretofore incorporated or organized, or which may be hereafter incorporated or organized under the laws of an adjoining state, and which shall have extended its railroad into this state or have become a corporation of this state under the laws thereof, to mortgage, lease, or sell that part of its railroad, and the property, rights, privileges, and franchises connected therewith, situated in this state, to any railroad in this state, and the railroad company making such purchase shall thereupon become vested with all the property, rights, privileges, and franchises of the company making such sale, and pertaining to the said railroad so sold, and shall be authorized to locate, construct, and complete, maintain and operate the railroad thus purchased, and may receive, hold, and convey all municipal aid, endowments, and property of any kind whatsoever, upon complying with the terms and condi tions upon which the same were to be had, as fully and to the same extent as the railroad company making such sale, could have done had no such sale been made. [1871 $ 1, 72.)

SEC. 3. [Rights of purchasers.]—Any railroad company heretofore incorporated, or organized, or which may be hereafter incorporated or organized under the laws of an adjoining state, and which shall have extended its railroad into this state, or under the laws of this state, shall have become incorporated and authorized to construct and maintain a railroad within this state, may mortgage or lease, sell or convey the whole or any part of its railroad, situated within the state, and the rights, privileges, and franchises connected therewith, and other property pertaining thereto, to any person or persons on such terms and condi

SEC. 5. See Const., sec. 4, ante p. 33. 5 Neb. 117.

ART. II. SEC. 1. "An act to amend an act entitled an act to authorize non-resident railroad companies to build roads in Nebraska." Laws 1879, 106. Took effect June 1, 1879.

SECS. 2-5. "An act to authorize railroad companies of adjoining states to mortgage or convey their property situated in the state of Nebraska." Laws 1871, 72. G. S. 204. Took effect Feb. 10, 1871.

tions as may be agreed upon, and the person or persons making such purchase, and their associates, may become a body corporate under the laws of this state, in the manner prescribed for the creation and organization of railroad companies in this state; and on the organization of such corporation, it may take, receive, and hold the railroad and property so purchased by said corporators, and shall have, possess, and enjoy the same, and all the rights, privileges, and franchises connected therewith, and held and possessed by the company making such sale, and shall also have all the rights, privileges, and franchises of railroad companies organized under the laws of this state, with full power and authority to construct, complete, maintain, and operate the railroad thus purchased, receive, hold, and dispose of all endowments, grants of land, municipal or individual aid granted to said company making such sale, or to which said company was or might have become entitled, upon compliance with the terms and conditions upon which such endowments, grants, donations, or aid were to be had; and the railroad company so organized may, under the laws of this state, consolidate its stock and property with any other railroad company upon such terms and conditions as may be agreed upon; Provided, however, That no sale, or purchase, shall be made of railroads situated within this state, of companies without this state, or consolidations effected as provided in this act, until the terms of such sale or consolidation shall have been approved by a majority of the stockholders in interest, in person, or by proxy, at the annual or special meeting, of which due notice shall be given by publication, or in writing to all the stockholders in interest, or the same be approved by the written consent of a majority of the stockholders in interest, filed in the office of said respective companies. [Id. § 2.]

SEC. 4. [Contracts binding on assignees, etc.]-That all contracts and agreements made by any railroad company prior to such transfer, lease, consolidation, or mortgage, shall be binding on the assignees, lessees, or mortgagees of such company, and that the rights of any stockholders, or parties entitled to stock therein, shall in no way be impaired by such transfer, lease, consolidation, or mortgage. [Id. § 3.]

SEC. 5. [Purchasers to keep road in good running order.]—When any company or persons shall have purchased any railroad, or two or more railroads are consolidated, as contemplated by the provisions of this act, such companies or persons so purchasing, shall keep each and every railroad line that may come in their possession by such purchases in good running order, with sufficient rolling stock, to transport the freight and passengers. They shall not discriminate against the business with either or any of said railroad lines either directly or indirectly by the detentions of freights or passengers, or charging more for freight or passage than is charged in proportion upon any other railroad line under the control of said company or persons. [Id. §4.]

SEC. 6. [Legalizing provision.]-That any railroad company which has been organized under the laws of the states of Iowa, Kansas or Missouri, and which has heretofore extended its line of railroad in this state, or built any portion of its line of road in this state, and has filed a true copy of its original articles of incorporation in the office of the secretary of state of this state, is, from the time. of filing said copy of its original articles of incorporation as aforesaid, hereby declared to be a legal corporation of this state, and entitled to all the rights, privileges and franchises of railroad companies, organized under and pursuant to the laws of the state of Nebraska. [G. S. (157) 206.]

ARTICLE III.-BOGUS SURVEYS.

SECTION 1. [Plat of survey.]-No proposition shall be submitted to the electors of any county in this state for donations of bonds or any other valuables,

SEC. 5. "An act to legalize the incorporation of certain railroad companies in the state of Nebraska." G. S. 206. Took effect Feb. 14, 1873.

ART. III. "An act to prevent railroad corporations to impose upon the people by bogus surveys, in counties or precincts where they are asked to vote bonds or other valuables, in aid of such railroad corporations." Laws. 1879, 151. Took effect June 1, 1879.

to any railroad corporation, unless said railroad corporation, through its authorized and responsible agent, files for record in the county clerk's office, where such donations of bonds or any other valuables are to be voted upon, a plat of the survey showing their exact line of route through said county, within at least two weeks previous to such an election; and no bonds, and so forth, shall be valid in case they are voted, unless said railroad corporation build their line of road within forty rods of their survey as filed in the county clerk's office. [1879 § 1, 151.J

ARTICLE IV.-SALES IN CERTAIN CASES.

SECTION 1. [Continuous lines.]-Every railroad company organized under the laws of this state whose railroad or railroads constructed or to be constructed within this state shall be so situated with reference to any railroad constructed or to be constructed through any adjoining state or territory by any railroad company organized or existing under the laws of the United States, or any state or territory that the same may be so connected at the boundary line of this state or at any point within this state by bridge, ferry, or otherwise, as to practically form a continuous line of railway over which cars may pass, is hereby authorized to purchase such connecting railway, or to sell the same to the railroad company constructing, owning or operating the said railroad through said adjoining state or territory as aforesaid, to said point of connection. And any such foreign railroad company purchasing under the provisions hereof any such connecting railroad within this state may manage the same by its board of directors and officers, and may operate the same and may issue thereon its stock and bonds to the same extent and in the same manner as authorized by the laws of this state, and the said company shall file for record in the office of the secretary of state of this state a true copy of its articles of incorporation, and the said company shall thereafter possess, exercise and enjoy within this state as to the control, management and operation of the said road, and as to the location, construction and operation of any extension of its said railroad or any connecting railroad or feeders within this state all the rights, powers, privileges and immunities, including the powers of eminent domain possessed by other railroad corporations of this state, and shall be liable to all the restrictions imposed by the general laws of this state upon the railroad corporations of this state. The purchase of any such railroad shall be subject to any and all laws, incumbrance or indebtedness existing against the railroad company from which such road may be so purchased. [1881 § 1, chap. 65.

SEC. 2. [Effect of act.]-Said corporation shall be subject to the laws of this state as to that portion of the road purchased, built and operated in this state the same as if organized under the laws of this state; Provided, however, that nothing herein contained shall be construed as authorizing the purchase by any railroad company under the provisions of this act of any parallel and competing line of railroad within this state.

ARTICLE V.-RATES AND UNJUST DISCRIMINATIONS.

SECTION 1. [Equal facilities.]-Every railroad corporation shall give to all persons reasonable and equal terms, facilities and accommodations for the transportation of any merchandise or other property of every kind and description upon any railroad owned or operated by such corporation within this state, and for terminal handling, the use of the depot and other buildings, and grounds of such corporation, and at any point where its railroad shall connect with any other railroad, reasonable and equal terms and facilities of interchange and shall promptly forward merchandise consigned or directed to be sent over another road connecting with its road, according to the directions contained thereon or accompanying the same. [1881 § 1, chap. 68.]

ART. IV. "An act authorizing the sale and purchase of railroads in certain cases." Approved March 1. Took effect June 1, 1881. Act construed. 16 Neb. 257.

ART. V. "An act to fix a maximum standard of freight charges on railroads, and to prevent unjust discrim inations therein, or secret rates, rebates or drawbacks therefor." Approved Feb. 28. Took effect June 1, 1881,

SEC. 2. [Maximum rate.]-No railroad company in this state shall hereafter charge, collect or receive for the transportation of any merchandise or other property upon the railroad owned or operated by such company within this state a higher rate for such service than was charged by such company for the same cr like service on the first day of November, A. D. 1880, as shown by the published rates of such company. And no railroad company shall demand, charge, collect or receive for such transportation for any specific distance, a greater sum than it demands, charges, collects or receives for a greater distance.

SEC. 3. [Discrimination as to persons.]-No railroad company within this state shall grant or allow to any person, company or association, upon the transportation of freight either directly or indirectly, any secret rate, rebate, drawback, unreasonable allowance for use of cars, or any undue advantage whatever, nor directly or indirectly charge to or receive from any person or persons, or association or corporation any greater or less sum, compensation, or reward than is charged to or received from any other person or persons, association or corporation for like and contemporaneous service in the receiving, transporting, storing, delivering or handling of freights.

SEC. 4. [Penalty.]-Any railroad company, or officer or agent of such railroad company who violates any of the provisions of this act, in addition to liabil ity for all damages sustained by reason of such violation, shall be liable for each offense to a penalty of five hundred dollars, which may be recovered in any county where such corporation has property.

ARTICLE VI.-PUBLIC OFFICES.

SECTION 1. [Public office of railroad company.]-That all railroad corporations or companies doing business in the state of Nebraska as public carriers, either for the transportation of freight, or carrying passengers from any point in this state, are hereby required to have and maintain a public gene al office in this state, in some county through which said road runs, for the transaction of its business, which office shall be established on or before the first day of January A. D. 1882, and notice thereof given by publication in some newspaper on the line of its road for four consecutive weeks; Provided, That railroad corporations or companies, hereafter to be incorporated under the laws of this state, shall have one year, from the date of such incorporation in which to comply with the provisions of this act. [1881 § 1, chap. 67.]

SEC. 2. [Books and business at office.]-It shall be the further duty of all such railroad corporations or companies doing business as aforesaid, to keep and maintain in such offices books in which shall be recorded the amount of the capital stock of such railroad corporation or company, and also the transfer of such stock, the amount of its assets and liabilities, and the names and places of residence of its officers, which said books shall be open to public inspection at all times. And the general manager, general superintendent, general freight or ticket agent or such other general officers or agents as said railroad corporations or companies shall have or employ, shall keep and maintain their offices at such general offices within this state:. Provided, That railroad corporations or companies not operating over 10 miles of road in this state shall be exempted from the provisions of this act.

SEC. 3. [Directors report to auditor.]-The directors of every railroad corporation or company having control of any road doing business in the state of Nebraska, shall annually make a report to the auditor of public accounts, of the amount of money received for the preceding year from passengers and freight, at any and all points in this state, which report shall be made and filed with the auditor on or before the fifteenth day of January of each year.

ART. VI. "An act to require railroad corporations doing business in the state of Nebraska to have and maintain public offices in the state for the transaction of their business." Approved March 2. Took effect June 1, 1881.