1907. Sessions and Railroad ers. CHAPTER 5625—(No. 30). AN ACT To Amend Section 2887 of the General Statutes of the State of Florida, Relating to the Holding of Sessions of the Railroad Commissioners, and Expenditures by them. Be It Enacted by the Legislature of the State of Florida: Section 1. That Section 2887 of the General Statutes of the State of Florida be amended so as to read as follows: Sec. 2887. Clerk of Commissioners and His Salary expenditures and Place of Meeting.-Said Commissioners may employ Commission- a clerk at a salary of not more than $1,500.00 per annum. The office of said Commissioners shall be at the capitol at Tallahassee, but they may hold sessions anywhere iu the State at their discretion, and all such sums of money authorized to be paid on account of said Commissioners shall be paid out of the State Treasury, only on the order of the Comptroller, countersigned by the Governor, not exceeding the sum of $25,000.00 per annum. Sec. 2. This act shall take effect the 1st day of July, 1907. Approved June 3, 1907. CHAPTER 5626-(No. 31). AN ACT To Require Express Companies Doing Business in this State To Post Schedules of Rates and to Weigh All Articles Received by such Companies for Shipment by Express, or Delivered by such Companies, such Articles Having Been Received by Express, and Providing a Penalty for the Violation Thereof. Be It Enacted by the Legislature of the State of Florida: Section 1. That every express company doing business in this State shall have posted in a conspicuous place, 1907. post schedule articles. easily accessible to the public, at every place where articles are received by such company for shipment by express, or delivered by such company, such articles hav- Company to ing been received by express, a schedule of rates, plainly and weigh printed; and that all such articles shall be weighed on demand of and in the presence of the consignor or consignee, his servant or agent, on standard scales to be furnished by the express company, and that no charge greater than that specified in the posted schedule shall be made by such express company. Sec. 2. That any express company doing business in Penalty. this State violating, failing or refusing to comply with the provisions of Section one of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars. Every day of such violation, failure or refusal Each day a shall constitute a separate and distinct offense. separate offense. "Provided, however, That if such violation be an Proviso. excessive charge for transporting or carrying any article or thing, and within fifteen days after demand at the place where paid such excess over the proper charge be returned to the party paying the same, then the penalty or forfeiture above provided shall not be enforced.” Conflicting Sec. 3. That all laws and parts of laws in conflict laws. herewith be, and the same are hereby repealed. Sec. 4. This act shall go into effect sixty days from When act efthe day upon which it shall become a law. Approved May 27, 1907. fective. 1907. Express rate on five pounds 200 miles. Penalty. When act effective. CHAPTER 5627-(No. 32). AN ACT Providing that Express Companies Shall Transport Packages of Merchandise, not Weighing over Five Pounds, of the Value of not More Than Fifty Dollars, Anywhere in the State not Exceeding Two Hundred Miles, for Twenty-five Cents, and Prescribing a Penalty for a Violation Thereof. Be It Enacted by the Legislature of the State of Florida: Section 1. That any express company doing business in the State of Florida shall transport and carry any package of merchandise not weighing over five pounds, of the value of not more than fifty dollars, from point to point in this State not exceeding two hundred miles, for the sum of twenty-five cents, and shall charge no more for the transportation of the same. Sec. 2. That any express company, its agents, or employee who shall violate the provisions of Section 1 of this act, and collect more than the amount as prescribed, shall, upon conviction, be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months. Sec. 3. That this act shall go into effect and be in full force on and after sixty days after its passage and approval by the Governor. Approved June 3, 1907. CHAPTER 5628-(NO. 33) AN ACT to Fix a Penalty and Other Liabilities upon any Telegraph Company Owning or Operating a Telegraph Line or Lines Wholly or Partly in this State, and Engaged in the Transmission of Messages for a Consideration, for the Negligent Failure Promptly to Transmit and Deliver to the Addressee any Message Received by it or by any of its Agents or Employees for Transmission, and to Fix a Rule of Evidence in Actions to Recover same. Be It Enacted by the Legislature of the State of Florida: 1907. damages for messages Section 1. That any telegraph company owning or operating a telegraph line or lines wholly or partly in this State, and engaged in transmitting messages for a consideration, who shall negligently fail promptly to transmit and deliver to the addressee, any message re- Penalty and ceived by such company or by any of its agents or em- failure to ployees for transmission, shall be liable to the sender of transmit such message in a penalty for fifty ($50.00) dollars, and in addition thereto, shall be liable to both the sender and to the addressee of such message for all damages which they or either of them may sustain in consequence of such negligent failure promptly to transmit and deliver any message so received for transmission as aforesaid, and the company shall not be relieved from such penalty or liability by any stipulation or notice to the contrary; Provided, That the provisions of this section relative to Proviso. the delivery of messages shall apply only to deliveries in incorporated cities and towns. Sec. 2. The failure promptly to transmit or to Presumed deliver to the addressee any message so received for trans- negligence. mission as aforesaid shall be presumed to be due to the negligence of the company accepting such message for transmission until the contrary shall be made to appear. Sec. 3. That any person recovering the penalty herein Attorney's specified or any damage under this act, shall be entitled fees. to recover in addition thereto, ten (10 p. c.) per cent. of the amount so recovered as attorneys' fees. 8-G. L. 1907 When act effective. Sec. 4. This act shall take effect from and upon its passage and approval by the Governor. Approved May 27, 1907. CHAPTER 5629-(No. 34). AN ACT to Fix a Penalty and Other Liabilities upon any Telegraph Company Owning or Operating a Telegraph Line or Lines Wholly or Partly in This State Engaged in the Transmission of Messages, for a Consideration, for the refusal of such Company, its Agents or Employees to Receive any Message Tendered to it or to any of its Agents or Employees, Together with the Usual Charges for the Transmission of such Messages at any Office or Place where such Messages are Usually Received for Transmission, During the Usual Hours in which Messages are Received at Said Office or Place for Transmission to the Destination to which the Message so Refused is Addressed, and to Prescribe a Rule of Evidence in Actions to Recover Same. Be It Enacted by the Legislature of the State of Florida: Section 1. That any telegraph company owning or operating any telegraph line or lines wholly or partly in this State and engaged in transmitting messages, for a consideration, who shall refuse to receive for transmission any legible message tendered to it or to any of its agents or employees for transmission at any office or place where such messages are usually received for transmission during the usual hours in which messages are received at such office or place for transmission to the destination to which the message so refused is addressed, Provided, Such destination is a place to which messages are usually transmitted, together with the usual charge for the transmission of such a message, shall be liable to the sender and addressee of such message in a penalty of fifty ($50.00) dollars, and in addition thereto shall be liable both to the sender and to the addressee of such |