Damages for 8 violations of Act than dred two hun dollars and pen than one thou hibited; and in case any person or persons, as defined in thi Act, engaged as aforesaid, shall do, suffer, or permit to be don any act, matter, or thing in this Act prohibited or forbidden, o shall omit to do any act, matter, or thing in this Act required to be done, or shall be guilty of any violation of the provision of this Act, such person or persons shall, where no specific penalty is hereinbefore already provided for such violation, forfeit and pay to the person or persons who may sustain injuries. damage thereby a sum equal to three times the amount of the damages so sustained, to be recovered by the person or persons so damaged, by suit in any Circuit Court in this State where the person or persons causing such damage can be found or Damages for may have an agent, office, or place of business: [Provided, hownot to be less ever, That in any such case of recovery the damage shall not and fifty be assessed at a sum less than two hundred and fifty dollars ;] and alties not less the person or persons so offending shall for each offence forfeit and sand dollars. pay a penalty of not less than one thousand dollars, to be recovered by the State by action in any Circuit Court aforesaid, to in relation. be brought by the Attorney General upon the request of the Railroad Commissioners. Any action to be brought as aforesaid to recover any such penalty or damages may be considered, and if so brought shall be regarded as a subject of equity jurisdiction and discovery, and affirmative relief may be sought and obtained therein. In any such action so brought as a case of equitable be regarded as a cognizance, preliminary or final injunctions may, without allejurisdiction and gation or proof of damage to any plaintiff or complainant, be granted upon proper application, restraining, forbidding, and be given, and in- prohibiting the commission or continuance of any act, matter, ed prohibiting or thing within the terms or purview of this Act prohibited or prohibited forbidden. In any action aforesaid, and upon any application of this Act. for any injunction above provided for, any Director, officer, Officers and receiver, trustee, or person aforesaid, or any agent of any such roads required to corporation or company, receiver, trustee, or person aforesaid, or tions, even when of any of them alone or with any other person or persons, party Proceedings Such actions to subject of equity discovery, in which tive relief may junctions grant continuance of acts within purview employees of rail testify in such ac testimony crimi testifying, but shall not be used him. nates the person or parties, may and shall be compelled to attend, appear, and such evidence testify and give evidence; and no claim that such testimony any or evidence might tend to criminate the person testifying or against such person in any indictagainst giving evidence shall be of any avail; but such evidence or ment testimony shall not be used as against such person in the trial of any indictment against him. The attendance and appearance of any of the persons who, as aforesaid, may be compelled to appear or testify, and the giving of the testimony or evidence by the same, respectively, and the production of books and papers, may and shall be had, taken, and compelled by or before the Clerk of the Court in which such action is pending, or in any manner provided or to be provided for, as to the taking of other depositions or evidence, or the attendance of witnesses, or the production of other books or papers, in or by the laws of unless this State. No action aforesaid shall be sustained unless years after cause Action barred suit brought in two of action accrues. person violating brought within two years after the cause of action shall accrue. Judgment renAnd any judgment, under the provisions of this Act, shall be dered against rendered against the person or persons violating its provisions, Act, and against and against the corporation or corporations in whose service or in whose service under whose authority they perform such unlawful acts. the corporations unlawful act is performed. Director, or of G. S. 1540. (A. A. Feb., 1882.) Any Director or officer of any Punishment of corporation or company acting or engaged as aforesaid, or any ficer, &c., violating provisions of receiver or trustee, lessee or person acting or engaged as afore- this Act. said, or any agent of any such corporation or company, receiver, trustee or person aforesaid, or of one of them alone, or with any other corporation, company, person, or party, who shall, directly or indirectly, do, or cause, or willingly suffer or permit to be done, any act, matter, or thing in this Act prohibited or forbidden, or directly or indirectly aid or abet therein, or shall directly or indirectly omit or fail to do any act, matter, or thing in this Act required to be done, or cause or willingly suffer or permit any act, matter, or thing so directed or required to be done not to be so done, or shall directly or indirectly aid or abet any such omission or failure, or shall directly or indirectly be guilty of any infraction of this Act, or directly or indirectly aid or abet therein, shall, unless otherwise hereinbefore specially provided, be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two hundred dollars. to uniformity of &c. G. S. 1541. (A. A. Feb., 1882.) Nothing in this Act shall Exceptions as apply to the carriage, receiving, storing, handling, or forwarding freight charges, of property carried for the United States or any State thereof at lower rates of freight and charges than for the general public, or to the transportation of articles free or at reduced rates of freight for charitable purposes, or to or from public fairs and expositions for exhibition. Fines and for lected. G. S. 1542. (A. A. Feb., 1882.) In the case of all fines or forfeitures provided for or prescribed in this Act, such fines or feitures, how colforfeitures shall be collected by an action to be brought in the name of the State against the offending person or corporation, in any Court of competent jurisdiction, by the Attorney General of this State, or the Solicitor of the Circuit in which the of fence is in whole or in part committed. And upon recovery in "Person or persons, con such action the Attorney General or the Solicitor, as the case may be, conducting such proceeds shall be entitled to a compensation of ten per cent. of the amount so recovered and actually collected, and the balance shall go to the State. G. S. 1543. (A. A. Feb., 1882.) The words "person or perstruction of. sons," as used in this Act, except where otherwise provided, shall be construed and held to mean person or persons, officer or officers, corporation or corporations, company or companies, receiver or receivers, trustee or trustees, lessee or lessees, agent or agents, or other person or persons acting or engaged in any of the matters and things mentioned in this Act. Rules of evi dence. jured, rights of tive. G. S. 1544. (A. A. Feb., 1882) In all cases under the provisions of this Act, the rules of evidence shall be the same as in civil actions, except as herein before otherwise provided. Persons in- G. S. 1545. (A. A. Feb., 1882.) This Act shall not be so conremedy cumula- strued as to waive or affect the right of any person injured by the violation of any law in regard to railroad corporations from prosecuting or proceeding for his private damages in any manner allowed by law. But the remedies hereby given the persons injured shall be regared as cumulative to any and all the remedies now given by or existing at law against railroad corporations. Repeated vioing as to. G. S. 1546. (A. A. Feb., 1882.) Whenever any of the raillations, proceed-road corporations of this State have repeatedly and wilfully violated any of the provisions of this Act, and have been found guilty, or judgment had against them within this State of such violation more than once, or penalties have been recovered in penal actions for such violations more than once, the Commissioners may, if they think it consistent with the public interests, instruct the Attorney General to proceed against such corporation, in any Court of competent jurisdiction, by an information in the nature of a quo warranto, alleging such conviction or recoveries as cause of forfeiture of their respective charters or incorporations; and upon proof of the same, there shall be judgment of ouster and final execution as in other cases of proceedings by quo warranto. Sec. 1547. What Acts are repealed. 1548. Effect of repeal. Repealing Clause. Sec. 1549. When Act to take effect. G. S. 1547. (A. A. Feb., 1882.) The Acts and parts of Acts named in the following schedule are hereby repealed: SCHEDULE. GENERAL STATUTES. CHAPTER LXV. PAGE 366-OF RAILROAD CORPORATIONS. Acts of Assembly, 1879, pp. 24 and 25........ "An Act to require Railroads to furnish consignees an itemized statement of freight charges, and requiring them to settle according to the bill of lading." Acts of the Year One Thousand Eight Hundred and Seventy Eight. 16 Statutes at Large, p. 492... (Sec. 3 of "Act for the preven 17 Statutes at Large, pp. 784 and 785..... 17 Statutes at Large, pp. 789 to 792.......... tion of cruelty to animals." "An Act to prevent unjust discrimination by common carriers." "An Act to create a Railroad Commissioner for the State of South Carolina." Acts of the Year One Thousand Eight Hundred and Seventy Nine. Acts of Assembly, 1876, p. 160. Acts of Assembly, 1879, p. 42. Acts of Assembly, 1879, p. 101. Acts of Assembly, 1879, p. 196. "An Act to enable the pur chasers of Railroads to form corporations, and to exercise corporate powers, and to define their rights, powers, and privileges.' "An Act to prohibit the running of freight trains and to regulate the running of passenger and mail trains on Sunday." ("An Act to amend Part 4, Title I., Chapter 128, and Section 18, of the Revised Statutes, relating to obstructing Railroads." "An Act to regulate the classification of cotton in bales by Railroads and other common carriers in this State." Repeal of Sections of General not revive any law, &c. Acts of the Year One Thousand Eight Hundred and Eighty. Statutes shall tions of the General Statutes and of certain Acts, as provided in the preceding Section hereof, shall not revive any law heretofore repealed or superseded, nor any office heretofore abolished; it shall not affect any act done, or any right accruing, accrued, or established, or any proceedings, doings, or acts ratified or confirmed, or any suit or proceeding had or commenced before the repeal takes effect, but the proceedings therein shall, when necessary, conform to the provisions of this Act; it shall not affect any penalty or forfeiture incurred before it takes effect, under any of the laws repealed, except that where a punishment, penalty, or forfeiture is mitigated by the provisions of this Act, such provisions may be extended and applied to any judgment pronounced after said repeal; it shall not affect any suit or prosecution pending at the time of the repeal for an offence committed, or for the recovery of a penalty or forfeiture incurred, under any of the Acts repealed, except that the proceedings therein shall, when necessary, conform to the provisions of this Act; and when a limitation or period of time prescribed in any of the Acts repealed for acquiring a right or barring a remedy or any other purpose has begun to run, and the same or similar limitation is prescribed in this Act, the time of limitation shall continue to run, and shall have like effect as if the whole period had begun and ended under the operation of this Act. The provisions of this Act, so far as they are the same as those of |