penalty. such company shall incur a penalty for each offence of not less than fifty dollars nor more than five thousand dollars, to be fixed by the judge of the court in which. such action shall be tried. An action for the recovery Action to recover of such penalties shall lie in any county in the State where such violation has occurred or wrong has been perpetrated, and shall be in the name of the State of North Carolina. The Commissioners shall institute such Commissioners action through the Attorney General or Solicitor of the action. judicial district in which violation has occurred, whose fees shall be fixed by the judge of the court in which to institute said action shall be determined, and said fees shall be Fees of Attorney taxed in the bill of costs. General or Action by person injured by viola on by railroad company of rules provided by Com missioners. SEC. 11. That if any railroad company doing business in this State shall, in violation of any rule or regulation provided by the Commissioners aforesaid, inflict any wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the county where the same was done or where the plaintiff resides, in any court having jurisdiction thereof, and the damages to be recovered shall be the same as an action between individuals, except that in case of wilful violation of law such railroad companies shall be liable to exemplary damages: Provided, that all suits under Exemplary damthis act shall be brought within twelve months after the Suits to be commission of the alleged wrong or injury: Provided twelve months. further, that if an individual is killed the time during administration which there is no administration shall not be counted: if letters of Provided, letters of administration are taken out within taken out in one one year from the killing. ages. brought within If person killed, time when no not to be counted, administration year. into State Treas SEC. 12. That in all cases under the provisions of Rules of evidence this act the rules of evidence shall be the same as in civil actions, except as provided by this act. All fines Fines payable recovered under the provisions of this act shall be paid ury. into the State treasury to be used for such purposes as the General Assembly may provide. The remedies Remedies cumuhereby given the persons injured shall be regarded as cumulative to the remedies now given or may be given lative. No statutes giving remedies by law against railroad corporations, and this act shall against allroads not be construed as repealing any statute giving such repealed. Meaning of "such compa road company." remedies. SEC. 13. That the terms "such companies" or "railnies" and "rail road company" contained in this act shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate, any railroad, steamboat, canal, express business or telegraph line, in whole or in part in this State, and the provisions of this act shall apply as To whom provis- far as applicable to all persons, firms and companies, and to all associations or persons, whether incorporated or otherwise, that shall do business as common carriers in this State (street railways excepted) the same as railroad corporations herein before mentioned. ions of this act applicable. Railroad companies to give receipts. SEC. 14. That all railroad companies in this State duplicate freight shall, on demand, issue duplicate freight receipts to What to contain. shippers in which shall be stated the class or classes of freight shipped, the freight charges over the road giving the receipt, and so far as practicable, shall state the freight charges over the roads that carry such freight. To deliver freight When the consignee presents the railroad receipt to the agent of the railroad that delivers such freight such agent shall deliver the articles shipped upon payment of the rate charged for the class of freights mentioned in Penalty for vio. the receipt. If any railroad company shall violate the shipped. lation of this section. Commissioners to make annual reports to Governor. One thousand copies to be printed. Commissioners empowered to subpoena witnesses. provisions of this statute, not otherwise provided for, such railroad company shall incur a penalty to be fixed and collected as provided in section ten of this act. SEC. 15. That it shall be the duty of the Commissioners herein provided for to make to the Governor annual reports of the transactions of their office, and to recommend, from time to time, such legislation as they may deem advisable under the provisions of this act, and the Governor shall have one thousand copies of such report printed for distribution. SEC. 16. That said Railroad Commissioners in making any examination for the purpose of obtaining informa tion pursuant to this act shall have power to issue subpoenas for the attendance of witnesses by such rules. as they may prescribe; and said witnesses shall receive Witness fees. for such attendance two dollars per day and five cents per mile traveled by the nearest practicable route in going to and returning from the place of meeting of said Commissioners, to be ordered paid by the Governor upon presentation of subpoenas sworn to by the witnesses, as How paid. to the number of days served and miles traveled, before the Clerk of said Commissioners, who is hereby authorized to administer oaths. In case any person shall wil- Attachment fully fail or refuse to obey such subpoenas, the Commis- failing to attend. sioners shall have power to issue an attachment for such witness and compel him to attend before the Commissioners and give his testimony upon such matters as shall be lawfully required by such Commissioners; and against witness contempt. by Clerk. said Commissioners shall have power to punish, for con- Punishment for tempt, as in other cases of refusal to obey the process and order of any court. The Clerk of said Commission- Service of notices ers may serve any notice issued by them, and his return thereof shall be evidence of said service; and it shall be the duty of the Sheriffs in the State to serve any pro- Duty of Sheriffs cess, subpoenas and notices issued by said Commissioners, and they shall be entitled therefor to the same fees as Fees. are prescribed, or may be prescribed, for serving summons issuing from the Superior Court, and they shall be liable to the same fines and penalties for failure to dis- Liability to charge their duties on that behalf. to serve process. fines, &c. officer, &c., of ny wilfully failreport, &c. SEC. 17. That every officer, agent or employee of any Penalty against railroad company who shall wilfully neglect or refuse to railroad compamake and furnish any report required by the Commis- ing to make sioners for the purpose of this act, or who shall wilfully or unlawfully hinder, delay or obstruct said Commissioners in the discharge of the duties hereby imposed upon them shall forfeit and pay a sum not less than one hundred and not more than five thousand dollars for each offence, to be recovered in an action in the name of the How recovered. State. A delay of ten days to make and furnish such. Presumption of report shall raise the presumption that the same was wilful failure. Code, section 1961, amended. wilful. SEC. 18. That section one thousand nine hundred and sixty-one of The Code be amended by striking out Law prohibiting all after the word "road" in the third line thereof, and reduction of rates reducing profits to less all other laws and parts of laws which allow any railroad than six per cent. to charge [a greater] rate for freight or fare than shall repealed. All laws allowing be fixed by the said Commissioners are hereby repealed, railroads to charge other rates than those fixed by Commissioners repealed. Conflicting laws repealed. Commissioners to notify compa and all laws and parts of laws inconsistent with the provisions of this act are hereby repealed. SEC. 19. The Commissioners, whenever in their judgment any corporation has violated or neglected in any &c., terms of this respect to comply with the terms of the act by which it facts to Attorney was created or with the provisions of any law of the nies violating, act, to present General. Commissioners to notify compa necessary re station. &c. State not provided for in this act, shall give notice thereof in writing to such corporations, and if the violation or neglect is continued after such notice, shall forthwith present the facts to the Attorney General who shall take such proceedings thereon as he may deem expedient. SEC. 20. The Commissioners, whenever they deem nies in writing of that repairs are necessary upon any railroad, or an addipairs, change of tion to or change of its station or station houses is reasonable and expedient in order to promote the security, convenience and accommodation of the public, shall in writing inform the corporation of the improvePenalty for fail- ment and changes which it considers to be proper, and upon the failure or refusal of said corporation to comply with said requirement the said corporation shall be liable to the penalty of not less than fifty dollars nor more than two thousand dollars, in the discretion of said Commissioners. ure to comply. Railroad not to abandon station. for a year, &c., of majority of SEC. 21. A railroad corporation which has established &c., established and maintained for a year a passenger station or freight without consent depot at a point upon its road shall not abandon such commissioners. station or depot nor substantially diminish the accommodation furnished by the stopping of trains except by a consent of a majority of the Commissioners. SEC. 22. A railroad corporation may relocate passen Railroad may relocate station, ger stations or freight depots with the approval in c., with written writing of the Commissioners. approval of Commissioners. Commissioners may require sepa accommodations colored. SEC. 23. That said Commissioners shall have power, whenever they deem it expedient and practicable, to rate and equal require any railroad corporation operating a railroad or for white and part of a railroad in this State to provide separate and equal accommodations for the white and colored races on the passenger trains and also at the passenger stations or waiting rooms in this State, and for failure to comply Penalty for failwith the orders of said Commissioners made under this section the penalty prescribed in section twenty of this act shall be imposed. ure. riers to afford interchange of to make close SEC. 24. All common carriers subject to the pro- Common carvisions of this act shall, according to their powers, afford facilities for all reasonable, proper and equal facilities for the inter- trattic, &c. change of traffic between their respective lines and for the forwarding and delivering of passengers and freights to and from their several lines and those connected therewith, and shall not discriminate in their rates and charges against such connecting lines, and connecting Connecting lines lines shall be required to make as close connection as connection. practicable for the convenience of the traveling public. And said common carriers shall obey all rules and regu- To obey rules lations made by said Commissioners relating to trackage. age. Any violation of the provisions of this section shall be Penalty for vio punished at the discretion of said Commissioners by a section." fine of not less than five hundred dollars or exceeding five thousand dollars for each and every offence. relating to track. lation of this property free or for United States, prohibited. State, &c., not SEC. 25. That nothing in this act shall prevent the carriage, &c., of carriage, storage or handling of property free or at at reduced rates reduced rates for the United States, State or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies and the necessary agents employed in such transportation, or the issuance of mileage, Mileage tickets, excursion or commutation passenger tickets; nothing in &c. |