fallen down or floated away, and it shall become necessary to bring a suit against such company for failing to construct, build, re-build, repair, or supply any such bridge, the suit may be brought in the Circuit Court of the county in which the bridge should have been constructed, built, rebuilt, repaired, or supplied; and the process may be issued against such company, and served upon it in the county in which the president of such company may reside or be found, or in which the officer upon whom it is necessary to serve process may reside or be found. 2897. Suit. 2. When the suit is brought against such company for failing to construct, build, re-build, repair, or keep up, or supply the place of a bridge upon a State or county road, the suit shall be brought in the name of the Board of Commissioners of the county in which the road is where the bridge should have been constructed, built, or re-built, or kept in repair; and when the suit is brought for failing to construct, build, re-build, or repair a bridge at a place where such canal is crossed by the street of a town, such suit shall and may be brought by the corporate authorities of such town in the corporate name of such town. 2898. Application of recovery. 3. The proceeds of any judgment that may be obtained against such company for failing to construct, build, re-build, or keep in repair any bridge, shall be applied to the construction, building, re-building or repairing of the bridge that the company ought to have constructed, built, re-built, or repaired. 2899. Who to sue. 4. If such company have failed to comply with its duty as to constructing, building, re-building, or keeping in repair the bridge aforesaid, it is hereby made the duty of the several boards of County Commissioners and town authorities to cause the proper suit to be instituted. 2880. Across boundary line. Bridges across streams which form the boundary line between counties can only be erected by the concurrent action of the commissioners of the counties of which the stream forms the boundary line.― Browning v. Board etc., 44-11. The board of commissioners of one county has no power to purchase a toll bridge across a stream which forms such a boundary line without the concurrent action of the board in the adjoining county or notice to such board. - Board etc. v. Thompson, 106-537. 2. Counties are liable for neglecting to keep their bridges in a reasonably safe condition.- Board etc. v. Pritchett, 85-69; see House v. Board etc., 60-580; State v. Board etc., 80-478; State v. Demaree, 80-519. 3. The action, of county board, in determining that the public convenience requires the building of a bridge at any given point is not subject to review.Bingham v. Comm'rs, 55-113. 2884. Ownership. All bridges, or parts thereof, or approaches thereto which are authorized and exist as county bridges on county highways are subject to the jurisdiction of the county in which they are situate. The repair and maintenance of such bridges are charged to the county, without regard to the fact that such bridge may have been erected or purchased. Board etc. v. Thompson, 106-537. 2. The county is not liable for an injury sustained by one, before entering upon a bridge, by a team becoming frightened at its defective condition, although it has been out of repair so long as to charge the county with notice.- Board etc. v. Rickel, 106-502. 2885. Surveys and estimates. A board of commissioners has authority to erect bridges over streams whenever the public safety and convenience require them.- Kyle v. Board, etc,, 94-116. 2. The statute imposes, on county commissioners, the duty of keeping public bridges in repair. Mandamus will lie to compel the performance of the duty.State v. Demaree, 80-521; State v. Board, etc., 80-478. [1865 S., p. 198. In force December 21, 1865.] 2900. May be sold. 1. When any freight, or any baggage of passengers, has been conveyed by a common carrier to any point in this State, and shall remain unclaimed for the space of three months at the place to which it is consigned or checked, and the owner, whether known or unknown, fails, within that time, to claim such freight or baggage, and to pay the proper charges, if any there be against it, then it shall be lawful for such common carrier to sell such freight or baggage at public auction, offering each box, bale, trunk, valise, or other article separately as consigned or checked. 2901. Notice of sale- Unclaimed balance. 2. Sixty days' notice. of the time and place of sale and a descriptive list of the articles to be sold, with the names, numbers, or other marks found thereon, shall be posted up in three public places of the county where the sale is to be made, and one on the door of the depot or warehouse, if any, where the goods are; and shall also give notice in at least one paper in the county for sixty days before sale; and out of the proceeds of such sale the carrier shall pay the proper charges on such freight or baggage, including costs for storage for the previous three months, and hold the overplus, if any, subject to the order of the owner, at any time within five years, on proof of ownership, made by the affidavit of the claimant or his duly authorized agent or attorney. After five years, all sums of money remaining unclaimed to be paid into the county treasury, to be placed to the account of common schools. 2902. Carrier to keep papers. 3. The carrier shall keep a copy of the notice, a copy of the sale-bill, and the expenses thereof proportioned to each article sold, and also the oath of the claimant of the residue of the proceeds as aforesaid; and shall furnish an inspection of the same, and, if required, copies thereof, to any one, on payment of the proper charges theretor. 2903. Perishable property and live-stock. 4. If any perishable property or live-stock shall be so conveyed, either as freight or baggage as aforesaid, and remain unclaimed until in danger of great depreciation, or such live-stock be falling away because the carrier has not facilities to feed and water the same, then the carrier may, after the expiration of five days from the time said property is conveyed to the place to which it is consigned or checked, sell, at private sale or auction, without giving the ten days' notice, for the best price it will bring, and apply the proceeds as aforesaid. 2911. Special tickets excepted. [1875, p. 123. In force August 24, 1875.] 2904. Conditions on ticket. 1. It shall not be lawful, from and after the taking effect of this Act, for any officer or agent of any railroad, steamboat, or other public conveyance of passengers for hire or reward, or for the operator or operators, manager or managers (or his or their agent or agents) of any such railroad, steamboat, or other public conveyance, to issue or sell any pass, ticket, or coupon of a ticket, or certificate evidencing the holder's right to travel over or be transported in or upon such railroad, steamboat, or other public conveyance, subject to any condition contained in or indorsed upon or appended to such pass, ticket, coupon, or certificate, whereby the liability of such carrier shall be abridged or limited, or whereby the rights of the holder of such pass, ticket, coupon, or certificate shall be decreased or abridged, unless such condition shall be printed in nonpareil type, or in type or characters as large or larger than nonpareil type. Any such officer, agent, operator, or manager, or the agent of such operator or manager, who shall violate the provisions of this section, shall, upon conviction thereof, be fined not less than ten dollars nor more than one hundred dollars for each pass, ticket, or coupon which he shall issue or sell contrary to the provisions of this section: Provided, however, That nothing herein. shall be held or construed to change or in any manner affect the law, as it now exists, regulating the liability of common carriers, or to enlarge their right to limit, or restrict their liabilities on account of having such attempted limitation printed, as required by this Act. 2905. Ticket-sellers. 2. It shall be the duty of the owner or owners, or operator or operators of every railroad and steamboat, or other public conveyance for the transportation of passengers for hire or reward, to provide each agent who may be authorized to sell tickets or other certificates evidencing the right of the holder thereof to travel or be transported upon such railroad, steamboat, or other public conveyance, with a certificate, setting forth the authority of such agent to make such sales; which certifi cate shall be signed by the managing officer, and duly attested by the corporate seal of the owner or operator of such railroad, steamboat, or other public conveyance. 2906. Redemption and sale of coupons. 3. It shall be the duty of the owner or owners, operator or operators of every railroad, steamboat, or other public conveyance of passengers for hire or reward, to provide, at each agency for the sale of tickets, for the redemption of the whole of any ticket or any part or parts or coupon of any ticket which they may have sold, and which the purchaser, for any reason, shall not have used, at the following rates, namely: Where the whole ticket is presented for redemption, at the full price paid for the same; and when a part or coupon of the ticket only is presented for redemption, then the redemption shall be at a rate which shall be equal to the difference between the price paid for the whole ticket and the cost of a ticket between the points for which the part 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 aforesaid, shall be deemed to be a misdemeanor, and shall be punished by a fine of not less than five dollars nor more than fifty dollars: Provided, however, That this Act shall not prohibit any person who shall have purchased a ticket from an agent, authorized, as is by this Act provided, with the bona fide intention of traveling on the same, from selling such tickets, or any part or coupon thereof, to any other person, to be used in good faith by such person in traveling over such railroad, or in or upon such steamboat or other public conveyance. 2907. Penalty against carrier. 4. If any owner, operator, or manager of any railroad, steamboat, or other public conveyance of passengers, or his agent, shall violate any of the provisions of the preceding section, he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than ten nor more than one hundred dollars. 2908. Sale without authority. 5. It shall not be lawful for any person not possessed of the authority mentioned in the second section [§ 2905], and not evidenced as therein provided for, to sell, barter, or transfer, within this State, for any consideration whatever, the whole or any part of any ticket or tickets, passes, or other evidence of the holder's title to travel on or be transported in or over any railroad, steamboat, or other public conveyance, whether the same be situated, owned or operated within or without this State, except as provided for in section three [§ 2906]. 2909. Posting authority. 6. It shall be the duty of every agent who shall be authorized to sell tickets or parts of tickets, or coupons, as is provided for in section two [§ 2905], or other evidences of the holder's title to travel on any railroad or in any steamboat or public conveyance, to keep his certificate of authority posted in a conspicuous place in his office, and also to exhibit the same to any person desirous of purchasing a ticket or to any officer of the law who may request to see or inspect such certificate of authorization. 2910. Penalty. 7. Any prson who shall violate any provisions of either of the last two preceding sections shall, upon conviction thereof, be fined not less than ten nor more than one hundred dollars. 2911. Special tickets excepted. 8. The provisions of this Act shall not apply to special, half-fare, or excursion tickets. 1. This Act is constitutional.-Fry v. State, 63 Ind. 552, ARTICLE 3-EXPRESS COMPANIES. SEC. 2911a. Common carriers. SEC. 2911f. Equal terms to all. 2911b. Record of moneys received for trans-2911g. Statement of capitalization. portation-Count. 2911h. Restraint of commerce unlawful. 2911c. Receipt to show sum actually re- 29111. Penalty. ceived. 2911d. Receipt as evidence. 2911e. Express companies to deliver goods. 2911j. Duty of prosecuting attorney. [1883, S., p. 107. In force March 5, 1883.] 2911a. Common carriers. 1. All copartnerships, corporations, associations or joint stock companies, usually called express companies, regularly engaged, or hereafter engaged, in the business of carrying or transporting gold or silver coin or paper currency, over or upon any of the railroads, rivers, canals, or other thoroughfares in the State of Indiana, or to any point within this State, or from any point within this State, and receiving or agreeing to receive compensation for such services, are hereby declared common carriers. 2911b. Record of moneys received for transportation - Count. 2. All such copartnerships, corporations or associations of persons, or joint stock associations, usually called express companies, or engaged as common carriers, now doing business within this State, or hereafter engaged in the business of carrying or transporting any gold or silver coin or paper currency, over or upon any railroad, river, canal, or other thoroughfare within this State, or from any point within this State, or to any point within this State, and receiving or agreeing to receive compensation for such carrying or transportation of any gold or silver coin or paper currency, as herein provided, shall, when any gold or silver coin or paper currency is presented for transportation, at any agency or office of such company within this State, be required to ascertain, by actual count, the amount of such gold or silver coin or paper currency received or accepted at such agency or office for transportation, and the amount so received or accepted shall be duly entered of record upon a book to be provided and kept by such express company, corporation, or association of persons doing business as herein provided, which record book shall also give the name of the person or persons from whom such gold or silver coin or paper currency was received, the kind and amount of each, and the day and date upon which the same was delivered and accepted for transportation, and to whom and what point the same is to be delivered. 2911c. Receipt to show actual sum received. 3. Upon the acceptance of any gold or silver coin or paper currency, by any association of persons, corporation, or express company doing business within this State, as provided in this act, such express company shall, by themselves or their lawful agent, execute to the consignor of any gold or silver coin or paper currency so delivered for transportation, a way bill or receipt for such currency, which way bill or receipt shall specify the exact amount of such gold or silver coin or paper currency, from whom received, to whom and what point the said express company or corporation agrees to deliver such currency, and the day and date that the same was consigned and accepted for transportation. 2911d. Receipt as evidence. 4. The consignor named in the receipt or way bill, as provided for in section three of this act, his heirs, assigns or legal representatives may, where such express company or corporation has failed within a reasonable time to deliver such gold or silver coin or paper currency to the point of destination, as shown in such way bill or receipt, or refuses to account to the consignor for the full amount of such gold or silver coin or paper currency, institute suit upon such way bill or receipt in any court of this State having competent jurisdiction, for the full amount of such gold or silver coin or paper currency named in such way bill or receipt: Provided, That such way bill or receipt shall be deemed. and taken in such suit as sufficient evidence to establish the claim or demand for the amount named in such way bill or receipt. [1901 S., p. 97. Approved March 6, 1901.] 2911e. Express companies to deliver goods within city. 1. That all express companies doing business within the State of Indiana shall deliver all express matter to all persons to whom the same is directed, living within the |