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Railroad and Warehouse Commissioners. file a copy of said notice with proof of service with the clerk of said court to which such appeal is taken, and thereupon said circuit court shall have jurisdiction over said appeal and the same shall be entered upon the records of said circuit court and shall be tried therein according to the rules relating to the trials of chancery suits so far as the same are applicable. The Railroad and Warehouse Commission shall be designated as complainant in said circuit court, and the common carrier or warehouseman as defendant; no further pleadings than those already filed before the commission shall be necessary. Such order made by said commission shall be prima facie evidence of the matters therein stated, and the order shall be prima facie reasonable, and the burden of proof upon all issues raised by the appeal, shall be on the appellant. If said court shall determine that the order appealed from is lawful and reasonable, it shall be affirmed and the order enforced as provided by law; otherwise, it shall be vacated and set aside. If an appeal is not taken, such order shall become final and it shall thereupon be the duty of the carrier or warehouseman affected to comply therewith. All orders from which no appeal is taken, as provided by law, shall be deemed to be in full force and effect for all purposes from the time when the right to appeal from such order expires. When no appeal is taken from an order, as herein provided, parties affected by such order shall be deemed to have waived the right to have the merits of said controversy reviewed by a court and there shall be no trial of the merits of or re-examination of the facts of any controversy in which such order was made by any court to which application may be made for a writ to enforce the same. Appeals from all final orders and judgments entered in review by the said circuit court of the action of the commission, shall go directly to the Supreme Court, and shall be governed by the rules applying to chancery cases appealed to said Supreme Court.
202. $ 36. All Acts and parts of Acts in conflict herewith are hereby repealed.
APPROVDED June 10, 1911.
AN ACT to provide that the railroad and warehouse commission may keep and use a common seal for the authentication of its acts, records and proceedings. [Approved June 19, 1891; in force July 1, 1891. L. 1891, p. 185. Legal News Ed.,
Seal-How records, etc.,
203. § 1. Be it enacted by the People of the State authenti- of Illinois, represented in the General Assembly: That the cated.
Railroad and Warehouse Commission of this State may, for the authentication of its records, process and proceedings, ladopt, keep and use a common seal, of which seal judicial
State weigh-masters. notice shall be taken in all courts of this State; and any process, writ, notice or other paper which the said commission may be authorized by law to issue, shall be deemed sufficient if signed by the secretary of said commission and authenticated by such seal; and all acts, .orders, proceedings, rules of inspection entries, minutes, schedules and records of said commission may be proved in any court in this State by a copy thereof, certified to by the secretary of said commission, with the seal of said commission attached.
STATE WEIGH-MASTERS. AN ACT to provide for the appointment of State weigh-masters. [Approved June
23, 1883; in force July 1, 1883. L. 1883, p. 172; Legal News Ed., p. 137., 204. § 1. Be it enacted by the People of the State of Weigh master Illinois, represented in the General Assembly: That there ment of. shall be appointed by the Railroad and Warehouse Commissioners in all cities where there is State inspection of grain, a State weigh-master and such assistants as shall be necessary.
205. § 2. Said State weigh-master and assistants shall, Duties of. at the places aforesaid, supervise and have exclusive control of the weighing of grain and other property which may be subject to inspection, and the inspection of scales and the action and certificate of such weigh-master and assistants in the discharge of their aforesaid duties shall be conclusive upon all parties in interest.
206. § 3. The Board of Railroad and Warehouse Com-Fix fees. missioners shall fix the fees to be paid for the weighing of grain and other property, which fees shall be paid equally by all parties interested in the purchase and sale of the property weighed or scales inspected or tested.
207. § 4. Said State weigh-master and assistants shall Weigh-master not be a member of any board of trade or association of like tions -Bond character; they shall give bonds in the sum of five thousand Competdollars ($5,000), conditioned for the faithful discharge of their duties, and shall receive such compensation as the Board of Railroad and Warehouse Commissioners shall determine.
208. § 5. The Railroad and Warehouse Commissioners May adopt shall adopt such rules and regulations for the weighing of grain and other property as they shall deem proper. 209. § 6. In case any person, warehouseman or rail
Neglect of road corporation,or any of their agents, or employés, shall`auty. refuse or prevent the aforesaid State weigh-master, or either of his assistants, from having access to their scales, in the regular performance of their duties in supervising thel
Weighing grain in bulk by railroad company. weighing of any grain or other property in accordance with the tenor and meaning of this Act, they shall forfeit the sum of one hundred dollars ($100) for each offense, to be recovered in an action of debt, before any justice of the peace, in the name of the People of the State of Illinois, such penalty or forfeiture to be paid to the county in which the suit is brought, and shall also be required to pay all costs of prosecution.
WEIGHING GRAIN IN BULK EY RAILROAD COMPANY.
AN ACT relating to the receipt, shipment, transportation and weighing of grain in
bulk by railroad companies. [Approved June 15, 1887; in force July 1, 1887. L.
1887, p. 253; Legal News Ed., p. 186. Road receiving for trans
210. § 1. Be it enacted by the People of the State of portation Illinois, represented in the General Assembly: That in all shall furnish suitable ap-counties of the third class, and in all cities having not less pliances for than 50,000 inhabitants, where bulk grain, mill-stuffs
seeds are delivered by any railroad transporting the same
from initial points to another road for transportation to other points, such road or roads receiving the same for transportation to said points or other connections leading thereto, shall provide suitable appliances for unloading, weighing and transferring such property from one car another without mixing or in any way changing the identity of the property so transferred; and such property shall be accurately weighed in suitably covered hopper scales, which will determine the actual net weight of the entire contents of any car-load of grain, mill-stuffs or seeds at a single draft, without gross or tare, and which weights shall always be given in the receipts or bills of lading and used as the basis of any freight contracts affecting such shipments between such railroad companies and the owners, agents or shippers of such grain, mill-stuffs or seeds so transported
and transferred. Where orig- 211. § 2. The practice of loading grain, mill-stuffs or through seeds into foreign or connecting cars at the initial point transfer
from which the grain, mill-stuffs or seeds are originally shipped, or the running of the original car through without transfer, shall not relieve the railroad making the contract to transport the same to its destination or connection leading thereto, from weighing and transferring such property in the manner aforesaid, unless the shipper, owner or agent of
such grain, mill-stuffs or seeds shall otherwise order or Liability of
direct. railroad 212. $ 3. Any railroad company neglecting or refusing company for neglect or to comply promptly with any and all of the requirements of failure-Proceedings?ro-Seither sections 1 or 2 of this Act shall be liable in damages
inal cars run
Consolidation of railroad corporations. to the party interested, to be recovered by the party damaged in an action of assumpsit, and such party may proceed by mandamus against any railroad company so refusing or neglecting to comply with the requirements of this Act; and if the shipper, owner or agent of any such grain, mill-stuffs or seeds shall fail or neglect to proceed by mandamus, it shall then be the duty of the Railroad and Warehouse Commissioners of this State, upon complaint of the party or parties interested, to proceed against the railroad failing or refusing to comply with the provisions of this Act; and all the powers heretofore conferred by law upon the board of Railroad and Warehouse Commissioners of this State shall be applicable in the conduct of any legal proceedings commenced by such commissioners under this Act.
213. S 4. Any railroail company so refusing or neglect- Penalty-- How ing as aforesaid shall be liable to a penalty of not less than $100 nor more than $500 for each neglect or refusal as aforesaid, to be recovered in an action of assumpsit in the name of the People of the State of Illinois, for the use of the county in which such act or acts of neglect or refusal shall occur, and it shall be the duty of the Railroad and Warehouse Commissioners to cause prosecutions for such penalties to be instituted and prosecuted.
CONSOLIDATION OF RAILROAD CORPORATIONS. AN ACT to increase the powers of railroad corporations. [Approved June 30,
1885; in force July 1, 1885. L. 1885; Legal News Ed., p. 179. 214. S 1. Be it enacted by the People of the State of Consolidation Illinois represented in the General Assembly: That all rail- corporaroad companies now organized, or hereafter to be organized, under the laws of this State, which now are, or hereafter may be in possession of, and operating in connection with, or extension of their own railway lines, any other railroad or railroads, in this State or any other state or states, or owning and operating a railroad which connects at the boundary line of this State with a railroad in another state, are hereby authorized and empowered to purchase and hold in fee simple or otherwise, and to use and enjoy the railway property, corporate rights and franchises of the company or companies owning such other road or roads, upon such terms and conditions as may be agreed upon between the directors, and approved by the stockholders, owning not less than two-thirds in amount of the capital stock of the respective corporations becoming parties to such purchase and sale; such approval may be given at any annual or special meeting, upon sixty days' notice being given to all share
company Body corporatePower of Illinois Central.
Consolidation of railroad corporations. holders, of the question to be acted on, by publication in some newspaper published in the county where the principal business office of the corporation is situated: Provided, that notice of any special meeting called to act upon such question shall be given to each shareholder whose postoffice address is known, by depositing in the postoffice, at least thirty days before the time appointed for such meeting, a notice properly addressed and stamped, signed by the secretary of the company, stating the time, place and object of such meeting: And, provided further, that no railroad corporation shall be permitted to purchase any railroad which is a parrallel or competing line with any line owned or operated
by such corporation. Consolidated 215. § 2. Any railroad company
Any railroad company now organized or hereafter to be organized under the laws of this State, shall have power from time to time to borrow such sums of money as may be necessary for the funding of its indebtedness, paying for constructing, completing, improving or maintaining its lines of railroad, and to issue bonds therefor, and to mortgage its corporate property, rights, powers, privileges and franchises, including the right to be a corporation, to secure the payment of any debt contracted for such purposes; and to increase its capital stock to any amount required for the purposes aforesaid, not exceeding the cost of the roads and works owned or constructed and equipped by it; such increase of capital stock to be made in such manner and in accordance with and subject to such regulations, preferences, privileges and conditions as the company at any general or special meeting of its shareholders, held at the time such creation of new shares may be authorized, shall think fit: Provided, that no stock or bonds shall be issued, except for money, labor or property actually re
ceived and applied to the purposes for which such corporation was created; nor shall the capital stock be increased for any purpose except upon giving sixty days' public notice in the manner provided in the first section of this Act: And, provided further, that nothing contained in this Act shall be held or construed to alter, modify, release or impair the rights of this State as now reserved to it in any railroad charter heretofore granted, or to affect in any way the rights or obligations of any railroad company derived from, or imposed by such charter: And, provided further, that nothing herein contained shall be so construed as to authorize or permit the Illinois Central Railroad Comnany to sell the railway constructed under its charter, approved Feb. 10, 1851, or to mortgage the same, except subject to the rights of the State under its contract with said company, contained in its said charter, or to dissolve its corporate existence, or