2. The amount expended for the purchase of lands for the construction of the road, for buildings, and for engines and cars, respectively;

3. The amount and nature of its indebtedness, and the amount due the corporation;

4. The amount received from the transportation of passengers, property, mails, and express matter, and from other sources;

5. The amount of freight, specifying the quantity in tons; 6. The amount paid for repairs of engines, cars, buildings, and other expenses, in gross, showing the current expenses of running such road:

7. The number and amount of dividends, and when paid; 8. The number of engine houses and shops, of engines and cars, and their character.

corporation.

SEC. 481. Every such corporation must start and run their Duties of cars, for the transportation of persons and property, at such regular times as they shall fix by public notice, and must furnish sufficient accommodations for the transportation of all such passengers and property as, within a reasonable time previous thereto, offer or is offered for transportation, at the place of starting, at the junction of other railroads, and at siding and stopping places established for receiving and discharging way passengers and freight; and must take, transport, and discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare therefor.

to pay

refusal.

SEC. 482. In case of refusal by such corporation or their Corporation agents so to take and transport any passengers or property, damages for or to deliver the same, at the regular appointed places, such corporation must pay to the party aggrieved all damages which are sustained thereby, with costs of suit.

for passen

passengers

cars.

SEC. 483. Every railroad corporation must furnish, on the Inside room inside of its passenger cars, sufficient room and accommoda- gers, etc.; tions for all passengers to whom tickets are sold for any one on freight trip, and for all persons presenting tickets entitling them to travel thereon; and when fare is taken for transporting passengers on any baggage, wood, gravel, or freight car, the same care must be taken and the same responsibility is assumed by the corporation as for passengers on passenger cars. SEC. 484. Every railroad corporation must have printed Printed and conspicuously posted on the inside of its passenger cars regulations.

rules and

Fencesdamages.

Bell and

other regulations of trains.

its rules and regulations regarding fare and conduct of its passengers; and in case any passenger is injured on or from the platform of a car, or on any baggage, wood, gravel, or freight car, in violation of such printed regulations, or in violation of positive verbal instructions or injunctions given to such passenger in person by any officer of the train, the corporation is not responsible for damages for such injuries, unless the corporation failed to comply with the provisions of the preceding section.

SEC. 485. Railroad corporations must make and maintain a good and sufficient fence on either or both sides of their track and property. In case they do not make and maintain such fence, if their engine or cars shall kill or maim any cattle or other domestic animals upon their line of road, which passes through or along the property of the owner thereof, they must pay to the owner of such cattle or other domestic animals a fair market price for the same, unless it occurred through the neglect or fault of the owner of the animal so killed or maimed. Railroad corporations paying to the owner of the land through or along which their road is located an agreed price for making and maintaining such fence, or paying the cost of such fence with the award of damages allowed for the right of way for such railroad, are relieved and exonerated from all claims for damages arising out of the killing or maiming any animals of persons who thus fail to construct and maintain such fence; and the owners of such animals are responsible for any damage or loss which may accrue to such corporation from such animals. being upon their railroad track, resulting from the non-construction of such fence, unless it is shown that such loss or damage occurred through the negligence or fault of the corporation, its officers, agents, or employés.

SEC. 486. A bell, of at least twenty pounds weight, must

be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad crosses any street, road, or highway, and be kept ringing until it has crossed such street, road, or highway; or a steam whistle must be attached, and be sounded, except in cities, at the like distance, and be kept sounding at intervals until it has crossed the same, under a penalty of one hundred dollars for every neglect, to be paid by the corporation operating the railroad, which may be recovered in an action

prosecuted by the District Attorney of the proper county, for the use of the State. The corporation is also liable for all damages sustained by any person, and caused by its locomotives, train, or cars, when the provisions of this section are not complied with.

refusing to

SEC. 487. If any passenger refuses to pay his fare, or to Passenger exhibit or surrender his ticket, when reasonably requested pay fare. so to do, the conductor and employés of the corporation may put him and his baggage out of the cars, using no unnecessary force, at any usual stopping place, or near any dwelling house, on stopping the train.

wear badge.

SEC. 488. Every conductor, baggage-master, engineer, Officers to brakeman, or other employé of any railroad corporation, employed on a passenger train or at stations for passengers, must wear upon his hat or cap, or in some conspicuous place on the breast of his coat, a badge, indicating his office or station, and the initial letters of the name of the corporation by which he is employed. No collector or conductor, without such badge, is authorized to demand or to receive from any passenger any fare, toll, or ticket, or exercise any of the powers of his office or station; and no other officer or employé, without such badge, has any authority to meddle or interfere with any passenger or property.

charges.

*SEC. 489. All railroad corporations must fix and publish Rates of their rates of charges for freightage and fares from one depot to another, on their various lines of road in this State, graduated as follows:

1. One rate of charges per mile for a distance of one hundred miles or over;

2. One rate for a distance of seventy-five and less than one hundred miles, charging not exceeding ten per cent. per mile more than the first rate;

3. One rate for a distance of fifty and less than seventyfive miles, charging not exceeding fifteen per cent. per mile more than the first rate;

4. One rate for a distance of twenty-five and less than fifty miles, charging not exceeding twenty per cent. per mile more than the first rate;

5. One rate for a distance not exceeding twenty-five miles,

*Compare section six, of chapter one, of Act relative to Commissioner of Transportation, approved April 1, 1878. (Statutes 1877-8, 974.)

Passenger tickets, how

to be good

for six

months.

charging not exceeding twenty-five per cent. per mile more than the first rate.

But in no case, nor in any class of charges herein before. named, shall any railroad corporation charge or receive more than ten cents per mile for each passenger, nor fifteen cents per mile for each ton of freight transported on its road. For every transgression of these limitations the corporation. is liable, to the party suffering thereby, treble the entire amount of fare or freightage so charged to such party. In no case is the corporation required to receive less than twenty-five cents for any one lot of freight for any distance.

SEC. 490. Every railroad corporation must provide, and, issued, and on being tendered the fare therefor fixed as provided in the preceding section, furnish to every person desiring a passage on their passenger cars a ticket which entitles the purchaser to a ride, and to the accommodations provided on their cars, from the depot or station where the same is purchased to any other depot or station on the line of their road. Every such ticket entitles the holder thereof to ride on their passenger cars to the station or depot of destination, or any intermediate station, and from any intermediate station to the depot. of destination designated in the ticket, at any time within six months thereafter. Any corporation failing so to provide and furnish tickets, or refusing the passage which the same calls for when sold, must pay to the person so refused the sum of two hundred dollars.

Character of iron rail to

be used.

SEC. 491. All railroads, other than street railroads and those used exclusively for carrying freight or for mining purposes, built by corporations organized under this chapter, must be constructed of the best quality of iron or steel rails, known as the T or H rail, or other pattern of equal utility. (Amendment, approved March 30, 1874; Amendments 18734, 212; took effect July 1, 1874.)

May use

right of way along

TITLE VII.

TELEGRAPH CORPORATIONS.

SECTION 536. Telegraph corporations may construct lines of telegraph along and upon any public road or highway, highways. along or across any of the waters or lands within this State,

waters, roads, and

and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway, or interrupt the navigation of the waters.

liable for

injuring

property.

SEC. 537. Any person who injures or destroys, through Persons want of proper care, any necessary or useful fixture of any damages for telegraph corporation, is liable to the corporation for all telegraph damages sustained thereby. Any vessel which, by dragging its anchor or otherwise, breaks, injures, or destroys the subaqueous cable of a telegraph corporation, subjects its owner to the damages herein before specified.

of willful

cious injury,

SEC. 538. Any person who willfully and maliciously does Party guilty any injury to any telegraph property mentioned in the pre- and maliceding section is liable to the corporation for one hundred liable to one times the amount of actual damages sustained thereby, to be times actual recovered in any Court of competent jurisdiction.

hundred

damages.

on which

subaqueous

recovered.

SEC. 539. No telegraph corporation can recover damages Conditions for the breaking or injury of any subaqueous telegraph cable, damage to unless such corporation has previously erected, on either cable may be bank of the waters under which the cable is placed, a monument, indicating the place where the cable lies, and publishes for one month in some newspaper most likely to give notice to navigators a notice giving a description and the purpose of the monuments, and the general course, landings, and termini of the cable.

of certain

SEC. 540. Any telegraph corporation may at any time, May dispose with the consent of the persons holding two-thirds of the rights. issued stock of the corporation, sell, lease, assign, transfer, or convey any rights, privileges, franchises, or property of the corporation, except its corporate franchise.

19*