Civil engineer system, pensation. Fencing and operating railroads. able in such case: Provided, that the said Railroad and Warehouse Commissioners shall have power in case such interlocking system, in their judgment, shall by experience prove to be unsafe or impracticable, to order the same to be discontinued. (1) [As amended by Act approved May 28, 1891, in force July 1, 1891. L. 1891, p. 179; Legal News Ed., p. 124. See §§ 205 and 206 for Act of 1907 in relation to the crossing of one railroad by another, etc. 76b. § 2. The said Railroad and Warehouse Commisto examine sioners may appoint a competent civil engineer to examine etc.; com- such proposed system plans, and report the result of such examination for the information of such Railroad and Warehouse Commissioners; and said Railroad and Warehouse Commissioners are hereby authorized to allow and award $5.00 per day as a compensation for the services of such civil engineer, or such reasonable sum as such commissioners shall deem fit, and to allow and award such other and further sums as they shall deem fit to pay, all other fees, costs and expenses to arise under said application, to be paid by the railroad company or companies in interest, to be taxed and paid or collected as in other cases. And the said Raiiroad and Warehouse Commissioners are also empowered on application for their approval of any such system of interlocking and signals, works or fixtures, to require of the applicant security for such fees, costs and expenses, or the deposit, in lieu thereof. of a sufficient amount in money for that purpose to be fixed by them. (1). 77. 14. No railroad corporation shall obstruct any struct high-public highway by stopping any train upon, or leaving any car or locomotive engine standing on the track where the same intersects or crosses such public highways, except for the purpose of receiving or discharging passengers or freight, or for taking in or setting out cars, or to receive the necessary fuel and water, and in no case to exceed 10 minutes for each train, car or locomotive engine. Not to ob way; stoning, etc., train. Penalty. Any person who shall throw any stone or other hard substance at any railroad car, train or locomotive, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not more than $200, and shall stand committed to the county jail until such fine and costs shall be paid. [As amended by Act approved June 21, 1895; in force July 1, 1895. L., 1895, p. 293; Legal News Ed., P. 208. 78.8 15. Every engineer or conductor violating the provisions of the preceding section shall, for each offense, (1) LAN ACT in regard to the dangers incident to railroad crossings on the same level. Approved June 3, 1887; in force July 1, 1887. L. 1887, p. 252; Legal News Ed., p. 188. Fencing and operating railroads. forfeit the sum of not less than $10 nor more than $100, to be recovered in an action of debt, in the name of the People of the State of Illinois, for the use of any person who may sue for the same; and the corporation on whose road the offense is committed shall be liable for the like sum. 79.8 17. No person or minor shall climb, jump, step, Minors to stand upon, cling to or in any way attach himself to any lo- keep off cars. comotive engine or car, either stationary or in motion, upon any part of the track of any railroad, unless in so doing he shall be acting in compliance with law, or by permission, under the lawful rules and regulations of the corporation then owning or managing such railroad. agent, etc., to make complaint. 80. § 18. Whenever any officer, agent or employé of Railroad any railroad corporation shall have any information that any person or minor has violated any of the provisions of the preceding section, and has thereby endangered himself or caused reasonable alarm to others, said officer, agent or employé shall, without unnecessary delay, make complaint of such offense against such person or minor before some justtice of the peace. 81. § 19. Any person or minor who shall violate any Penalty. of the provisions of the 17th section of this Act shall be punished by a fine of not exceeding $25, to be recovered in an action of debt, in the name of the People of the State of Illinois, before a justice of the peace or upon conviction, by imprisonment in the county jail or other place of confinement, for a period not exceeding twelve hours. ed. 82. § 20 The several railroad corporations in this State Three preceding sections shall, without unnecessary delay, cause printed copies of the to be postthree preceding sections of this Act to be kept posted in conspicuous places at all their stations along their lines of railroad in this State. Every railroad corporation that shall neglect to post, and keep posted, such notice, as required by this section, shall, for each offense, forfeit the sum of $50.00, to be recovered in an action of debt in the name of the People of the State of Illinois. etc., cars behind passenger cars. 83. § 21. In no train shall freight, merchandise or No freight, lumber cars be run in the rear of passenger cars, and if such cars or any of them shall be so run, the officers or agent who so directed or knowingly suffer such arrangement to be made, shall each be deemed guilty of a misdemeanor and punished accordingly. [2d L. 1849, p. 31, § 37. 84. 22. Every railroad corporation in the State shall furnish, start and run cars for the transportation of such passengers and property as shall, within a reasonable time previous thereto, be ready or be offered for transportation at the several stations on its railroads and at the junctions Must furnish cars and trans port passengers and property-When. Fencing and operating railroads. of other railroads, and at such stopping places as may be established for receiving and discharging way passengers and freights; and shall take, receive, transport and discharge such passengers and property, at, from and to such stations, junctions and places, on and from all trains advertised to stop at the same for passengers and freight, respectively, upon the due payment or tender of payment of tolls, freight or fare legally authorized therefor, if payments shall be demanded, and such railroad companies shall at all junctions with other railroads and at all depots where said railroad companies stop their trains regularly to receive and discharge passengers in cities and villages, for at least one-half hour before the arrival of, and one-half hour after the arrival of any passenger train, cause their respective depots to be open for the reception of passengers; said depots to be kept well lighted and warmed for the space of time aforesaid. [As amended by Act approved June 25, 1883. In force July 1, 1883. L. 1883, p. 125; Legal News Ed., p. 100. Depots to be 85. § 23. In the case of the refusal of such corporation Kept open or railroad company, or its agents, to take, receive and -Penalty. transport any person or proptrey, or to deliver the same within a reasonable time, at their regular or appointed time or place, or to keep their said depots open, lighted and warmed, according to the provisions of the preceding section of this Act such corporation or railroad company, shall pay to the party aggrieved treble the amount of damages sustained thereby, with costs of suit; and in addition thereto, said corporation or railroad company shall forfeit a sum of not less than $25.00, nor more than $1,000.00 for each offense, to be recovered in an action of debt in the name of the People of the State of Illinois-the treble damages for the use of the party aggrieved and the forfeiture for the use of the school fund of the county in which the offense is committed. [As amended by Act approved June 25, 1883, in force July 1, 1883. L. 1883, p. 125; Legal News Ed., p. Texas cattle. IOI. 86. § 232. In any suit brought for a violation of “An Act concerning the transportation of Texas or Cherokee cattle," approved April 16, 1869, the consignor of any live stock the bringing of which into this State shall constitute the offense created by this Act if he be a citizen of this State, and if not the consignee, he shall have knowledge of and consent to such assignment, of any such live stock, shall be made a joint defendant with any railroad or transportation company which may be sued for the offense aforesaid, and the said consignor or consignee shall suffer jointly any penalty passed upon any such railroad or transportation company for violation of the Act aforesaid. Any action Fencing and operating railroads. brought for a violation of the Act aforesaid must be commenced within the eighteen months next succeeding the bringing of the cattle into this State, on account of which the action shall be brought. Any railroad company who shall transport any Texas, Cherokee or diseased cattle in violation of the aforesaid Act, without knowing them to be such, may recover from any consignor or consignee any sum of money it may be compelled by the judgment of any court to pay for the transportation of such cattle, and the record of the judgment against the said company shall, in any suit, against any such consignor or consignee, be evidence of the amount of damages to be recovered with interest from the time of payment: Provided, that nothing in this section shall be construed to affect any right existing or suit pending. [See "Animals," Chap. 8. cities, etc. -Damages. 87. 24. Whenever any railroad corporation shail, by speed through itself or agents, run any train, locomotive engine or car, at a greater rate of speed in or through the incorporated limits. of any city, town or village than is permitted by any ordinance of such city, town or village, such corporation shall be liable to the person aggrieved for all damages done the person or property by such train, locomotive engine or car; and the same shail be presumed to have been done by the negligence of said corporation or their agents; and in addition to such penalties as may be provided by such city, town or village, the person aggrieved by the violation of any of the provisions of this section shall have an action against such corporation so violating any of the provisions to recover a penalty of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00), to be recovered in any court of competent jurisdiction; said action to be an action of debt in the name of the People of the State of Illinois, for the use of the person aggrieved; but the court or jury trying the case may reduce said penalty to any sum not less, however, than fifty dollars ($50.00), where the offense committed by such violation may appear not to be malicious or wilful: Provided, that no such ordinance shall limit the rate of speed, in case of passenger trains, to less than ten miles per hour, nor in any other case to less than six miles per hour. [As amended by Act approved May 22, 1877, in force July 1, 1877. L. 1877, p. 165; Legal News Ed., p. 150; L. 1865, p. 103, §§ 1, 2.* at stations. 88. § 25. Every railroad corporation shall cause its Time to stop passenger trains to stop upon its arrival at each station advertised by such corporation as a place for receiving and discharging passengers upon and from such trains, a sufficient length of time to receive and let off such passengers with safety: Provided, all regular passenger trains shall Brake men, etc. on pas Fencing and operating railroads. stop a sufficient time at the railroad station of county seats to receive and let off passengers with safety: But provided, further, that where three (3) regular passenger trains each way each day are so stopped at the rai road stations of county seats on any division of any railroad in this State, it shall be lawful for not more than two through express or mail passenger trains. carrying mail or express and passengers from one state to another, each way each day, to pass through the railroad stations of county seats on such division in this State without stopping. [As amended by Act approved April 11, 1899, in force July 1, 1899. L. 1899, P. 333; Legal News Ed., p. 244. 89. 26. No railroad corporation shall run or permit senger cars to be run upon its railroad any train of cars moved by steam power, for the transportation of passengers, unless there is placed upon the train one trusty and skillful brakeman for every two cars in the train, or unless the brakes are efficiently operated by power applied from the locomotive. Brakeman freight cars. Dam a ges on Checks or receipts for baggage. 90. § 27. No railroad corporation shall run or permit to be run upon its railroad any train of cars, for the transportation of merchandise or other freight, without a good and sufficient brake attached to the rear or hindmost car of the train and a trusty and skillful brakeman stationed upon said car, unless the brakes are efficiently operated by power applied from the locomotive. 91. § 28. If any railroad corproation shall violate any of the provisions of the three preceding sections it shall be liable to the person aggrieved for all damages done to presons or property by reason thereof, with costs of suit; and in addition thereto, said corporation shall forfeit the sum of not less than $100.00 nor more than $500.00 for each offense, to be recovered in an action of debt, in the name of the People of the State of Illinois, for the use of any person aggrieved, before any court of competent jurisdiction. 92. § 29. Every railroad corporation, when requested, shall give checks or receipts to passengers for their ordinary baggage, when delivered for transportation on any passenger train, which baggage shall in no case exceed 100 pounds in weight for each passenger, and shall deliver such baggage to any passenger upon the surrender of such checks or receipts. Any such corporation wilfully refusing to comply with the requirements of this section, shall pay a fine of not less than $10.00 nor more than $100.00, which may be recovered before any court of competent jurisdiction, in an action of debt in the name of the People of the State of Illinois, for the use of the person aggrieved: Provided, that no passenger shall be entitled to receive checks or receipts for any baggage unless he shall have paid or tendered the |