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Penalty for viol a ting Act.

Agent to exhibit certifi

quest.

To prevent frauds upon transfers, etc.

holder's title to travel on any railroad or steamboat whether the same be situated, operated or owned within or without the limits of this State.

114. § 3. That any person or persons violating the provisions of the second section of this Act shall be deemed guilty of a misdemeanor, and shall be liable to be punished by a fine not exceeding $500.00, and by imprisonment not exceeding one year, or either or both, in the discretion of the court in which such person or persons shall be convicted.

115. § 4. That it shall be the duty of every agent who cate on re- shall be authorized to sell tickets or parts of tickets or other evidences of the holder's right to travel, to exhibit to any person desiring to purchase a ticket or to any officer of the law who may request him, the certificate of his authority thus to sell, and to keep said certificate posted in a conspicuous place in his office for the information of travelers.

Duty of owner to pro

116. § 5. That it shall be the duty of the owner or vide for re-owners of railroad or steamboat, by their agents or mandemption of tickets. agers, to provide for the redemption of the whole or any parts or coupons of any ticket or tickets, as they may have sold, as the purchaser, for any reason, has not used, and does not desire to use, at a rate which shall be equal to the difference between price paid for the whole ticket and the cost of a ticket between the points for which the proportion of said ticket was actually used; and the sale by any person of the unused portion of any ticket otherwise than by the presentation of the same for redemption, as provided for in this section, shall be deemed to be in violation of the provisions of this Act, and shall be punished as hereinbefore provided: Provided, that this Act shall not prohibit any person who has purchased a ticket from any agent authorized by this Act, with the bona fide intention of traveling upon the same, from selling any part to any other person.

deem etc.

tick

Penalty for 117. § 6. Any railroad or steamboat company that fallure to re-shall, by any of its agents in this State, refuse to redeem any of its tickets or parts of tickets as prescribed in section 5 of this Act, shall pay a fine of $500.00 for each offense, to the People of the State of Illinois, and it shall be unlawful for such company, subsequent to such refusal, to sell any ticket or tickets in this State until such fine is paid.

RECEIVING, CARRYING AND DELIVERING GRAIN.

AN ACT regulating the receiving, transportation and delivery of grain by railroad corporations, and defining the duties of such corporations with respect thereto. [Approved April 25, 1871; in force July 1, 1871. L. 1871, p. 636.

Receive

118. 1. Be it enacted by the People of the State of carry grain Illinois, represented in the General Assembly: That every railroad corporation, chartered by or organized under the laws of this State or doing business within the limits of the

tinction.

Receiving, carrying and delivering grain. same, when desired by any person wishing to ship any grain, over its road, shail receive and transport such grain in bulk, within a reasonable time, and load the same either upon its tracks, at its depot, or in any warehouse adjoining its track or side track, without distinction, discrimination or favor between one shipper and another, and without distinction or discrimination as to the manner in which such grain is offered to it for transportation, or as to the person, warehouse or place to whom or to which it may be consigned.

Weighing

And at the same time such grain is received by it for transportation, such corporation shall carefully and correctly receipt. weigh the same, and issue to the shipper thereof a receipt or bill of lading for such grain, in which shall be stated the true and correct weight.

shrinkage.

in

And said corporation shall weigh out and deliver to such weighing out shipper, his consignee or other person entitled to receive the same, at the place of delivery, the full amount of such grain, without any deduction for leakage, shrinkage or other loss in the quantity of the same.

In default of such delivery the corporation so failing to Damages. deliver the full amount of such grain shail pay to the person entitled thereto the full market value of any such grain not delivered at the time and place when and where the same should have been delivered.

Shortage.

If any such corporation shall, upon the receipt by it of any Evidencegrain for transportation, neglect or refuse to weigh and receipt for the same, as aforesaid, the sworn statement of the shipper, or his agent, having personal knowledge of the amount of grain so shipped, shall be taken as true, as to the amount so shipped; and in [*815] case of the neglect or refusal of any such corporation, upon the delivery by them of any grain, to weigh the same as aforesaid, the sworn statement of the person to whom the same was delivered, or his agent, having personal knowledge of the weight thereof; shall be taken as true, as to the amount delivered. And if, by such statements it shall appear that such corporation has failed to deliver the amount so shown to be shipped, such corporation shall be liable for the shortage, and shall pay to the person entitled thereto the full market value of such shortage, at the time and place, when and where the same should have been delivered. [See § 70.

119. § 2. At all stations or places from which the shipments of grain by the road of such corporation shall have amounted during the previous year to fifty thousand (50,000) bushels or more, such corporation shall, when required so to do by the persons who are the shippers of the major part of said 50,000 bushels of grain, erect and keep in good condition for use, and use in weighing grain to be

Scales

Weighing

Penalties.

Penalty.

Receiving, carrying and delivering grain.

shipped over its road, true and correct scales of proper structure and capacity for the weighing of grain by car load in their cars after the same shall have been loaded. Such corporation shall carefully and correctly weigh each car upon which grain shall be shipped from such place or station, both before and after the same is loaded, and ascertain and receipt for the true amount of grain so shipped. If any such corporation shall neglect or refuse to erect and keep in use such scales when required to do so as aforesaid, or shall neglect or refuse to weigh in the manner aforesaid any grain shipped in bulk from any station or place, the sworn statement of the shipper, or his agent, having personal knowledge of the amount of grain shipped, shall be taken as true as to the amount so shipped. In case any railroad corporation shall neglect or refuse to comply with any of the requirements of section first, second and fifth of this Act, it shall, in addition to the penalties therein provided, forfeit and pay for every such offense and for each and every day such refusal or neglect is continued, the sum of one hundred dollars ($100.00), 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, including such reasonable attorney's fees as may be assessed by the justice before whom the case may be tried. [As amended by Act approved May 18, 1877. In force July 1, 1877. L. 1877, p. 168; Legal News Ed., p. 152.*

Delivery - 120. 3. Every railroad corporation which shall receive any grain in bulk for transportation to any place within the State shall transport and deliver the same to any consignee, elevator, warehouse, or place to whom or to which it may be consigned or directed: Provided, such person, warehouse or place can be reached by any track owned, leased or used, or which can be used by such corporation; and every such corporation shall permit connections to be made and maintained with its track to and from any and all public warehouses, where grain is or may be stored. Any such corporation neglecting or refusing to comply with the requirements of this section, shall be liable to all persons injured thereby for all damages which they may sustain on that account, whether such damages result from any depreciation in the value of such property by such neglect or refusal to deliver such grain as directed, or in loss to the proprietor or manager of any public warehouse to which it is directed to be delivered, and costs of suit, in

*NOTE-The Act amending this section contains the following:

§ 2.

repealed.

All parts of said section in conflict with section 1 of this Act are hereby

Receiving, carrying and delivering grain.

cluding such reasonable attorney's fees as shall be taxed by the court. And in case of any second or later refusal of such railroad corporation to comply with the requirements of this section, such corporation shall be by the court, in the action on which such failure or refusal shall be found, adjudged to pay, for the use of the People of this State, a sum of not less than $1,000.00, nor more than $5,000.00, for each and every such failure or refusal, and this may be a part of the judgment of the court in any second or later proceedings against such corporation. In case any railroad corporation shall be found guilty of having violated, failed, or omitted to observe and comply with the requirements of this section or any part thereof, three or more times, it shail be lawful for any person interested to apply to a court of chancery, and obtain the appointment of a receiver to take charge of and manage such railroad corporation until all damages, penalties, costs and expenses adjudged against such corporation for any and every violation shall, together with interest, be fully satisfied.

to change consignment.

121. § 4. All consignments of grain [*816] to any Right elevator or public warehouse shall be held to be temporary, and subject to change by the consignee or consignor at any time previous to the actual unloading of such property from the cars in which it is transported. Notice of any change in consignment may be served by the consignee on any agent of the railroad corporation having the property in possession who may be in charge of the business of such corporation at the point where such property is to be delivered; and if, after such notice, and while the same remains uncanceled, such property is delivered in any way different from such altered or changed consignment, such railroad corporation shall, at the election of the consignee or person entitled to control such property, be deemed to have illegally appropriated such property to its own use, and shall be liable to pay the owner or consignee of such property double the value of the property so appropriated; and no extra charge shall be permitted by the corporation having the custody of such property, in consequence of such change, of consignment.

122. § 5. Any consignee or person entitled to receive the delivery of grain transported in bulk by any railroad, shall have twenty-four hours, free of, expense, after actual notice of arrival by the corporation to the consignee, in which to remove the same from the cars of such railroad corporation, if he shall desire to receive it from the cars on the track; which twenty-four hours shall be held to embrace such time as the car containing such property is placed and kept by such corporation in a convenient and proper place

Receiving track

on

Rights of owners

Saved.

crossings.

Extortion and unjust discrimination. for unloading. And it shall not be held to have been placed in a proper pace for unloading, unless it can be reached by the consignee, or persons entitled to receive it, with teams or other suitable means for removing the property from the car, and reasonably convenient to the depot of such railroad corporation at which it is accumstomed to receive and unload merchandise consigned to that station or place. Nothing herein contained, however, shail be held to authorize the changing of any consignment of grain, except as to the place at which it is to be delivered or unloaded, nor shall such change of consignment, in any degree, affect the ownership or control of property in any other way.

Receipts and 123. §.6. Every railroad corporation organized or dodelivery ating business under the laws of this State, or authority therefor, shall receive and deliver all grain consigned to its care for transportation at the crossing and junctions of all other railroads, canals and navigable rivers. Any violation of his section shall render any such railroad corporation subject to the same penalty as contained in section 3 of this Act.

§ 7, repeal omitted. See "Statutes," ch. 131, § 5.]

EXTORTION AND UNJUST DISCRIMINATION.

AN ACT to prevent extortion and unjust discrimination in the rates charged for the transportation of passengers and freights on railroads in this State and to punish the same, and prescribe a mode of procedure and rules of evidence in relation there to, and to repeal an Act entitled, "An Act to prevent unjust discriminations and extortions in the rate to be charged by the different railroads in this State for the transportation of freights on said roads," approved April 7, A. D. 1871. [Approved May 2, 1873; in force July 1, 1873.

Extortion.

Unjust dis

124. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: If any railroad corporation, organized or doing business in this State under any Act of incorporation or general law of this State, now in force or which may hereafter be enacted, or any railroad corporation organized or which may hereafter be organized under the laws of any other state, and doing business in this State, shall charge, collect, demand or receive more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight, of any description, or for the use and transportation of any railroad car upon its track or any of the branches [*817] thereof or upon any railroad within this State which it has the right, license or permission to use, operate or control, the same shall be deemed guilty of extortion, and upon conviction thereof shall be dealt with as hereinafter provided. [See Const., art. II, § 15.

125. § 2. If any such railroad corporation aforesaid crimination. shall make any unjust discrimination in its rates or charges

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