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fix

Railroads to reasonable

of the person by whom the same was published. And in case any changes shall thereafter, or from time to time, be made in their said tariff of rates, the same shall be distinctly noted and published in the same manner as is above in this section provided. And any railroad corporation which shall, after the twenty-fifth day of April next, take or receive any toll or compensation for the transportation of any person or property, without having first published a tariff of their rates, as required by this section, shall forfeit and pay double the amount of toll or compensation so received, to be recovered in an action of debt in any court having jurisdiction thereof, by the person paying the same; and all contracts for the transportation of persons or property made after the twenty-fifth day of April next, and before the publication of such tariff of rates, as required by this act, shall be void; and all contracts for a greater rate of toll or compensation for the transportation of persons and property than is herein permitted and specified by their tariff of rates, shall be null and void, and all moneys paid in pursuance of such contract may be recovered back by the person or persons paying the same.

84. Every such railroad corporation shall respectively, and uniform toll on or before the twenty-fifth day of April next, fix and establish, and thereafter receive, for the transportation of persons and property, a reasonable and uniform toll or compensation, according to the service actually rendered, so that upon each railroad now operated, or which may hereafter be operated in this state, the charge or compensation for carrying thereon freight and passengers in this state shall be reasonable and uniform, and in proportion to the services rendered: Provided, that this section shall not be construed to mean that the rate or compensation for transportation of persons or property on one of said roads shall be the same as charged on any other road; nor shall any railroad corporation be required to charge the same rates for the transportation of different classes or quantities of freight, nor shall any such corporation be required by this act to fix the same rates for the transportation of property in opposite directions on the same road: And, provided, further, that no railroad corporation shall at any time by rebatement, drawback or otherwise, with the intent to evade the provisions of this act, directly or indirectly, receive or charge for the transportation of persons or property, any different rate than the rate fixed by such rules, regulations or by-laws Provided, further, that this act shall not be construed to prevent said corporation from issuing passes, commutation and excursion tickets on their roads at less than the established rates for transporting passengers over such roads, nor from transporting at reduced rates freight and merchandise to and from agricultural and other fairs,

or for the construction of public buildings or public works of whatsoever kind: Provided, further, that in computing. distance, the owners or operators of any railroad may, in their discretion, calculate the charges from any station by the shortest line of railroads by which such freights or passengers could be transported, with the same effect as though the same were transported only such shorter distance on their road.

allowed

for

§ 5. Any such railroad corporation may, in addition to Extra rates the rates for the transportation of property permitted by freight cars la this act, charge and collect a reasonable price or rate for at- certain cases. taching and detaching loaded and empty freight cars, and for the use of such cars during the loading and unloading thereof: Provided, that such price or rate shall be uniform at all stations and places on any such railroad: And, provided, further, that such rates shall be published and kept posted up in each station house and place in the same manner as provided in section three of this act.

violation.

§ 6. Any railroad corporation which shall fix, demand, Forfeiture for take or receive from any person or persons any greater toll, fare or payment for the transportation of persons or property than is authorized by this act, shall forfeit and pay for every such offense any sum not exceeding one thousand dollars and costs of suit, including a reasonable attorney's fee, to be ascertained on the trial, to be recovered in an action of debt, by the party aggrieved, in any court having jurisdiction thereof.

87. Any officer, agent or employee of any such railroad corporation, who shall knowingly or willfully, by any rule, regulation, by law or order, fix or demand from any person or persons for the transportation of any person or property any greater toll, fare or payment than is herein before prescribed in this act, shall be deemed guilty of a misdemeanor, and shall be liable to indictment in any court of competent jurisdiction, and on conviction thereof shall be punished for each offense by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment not less than thirty days nor more than one year, or both, in the discretion of the court before which such conviction shall be had. And any agent, servant cr employee of such railroad corporation who shall demand or receive a greater or different rate of compensation for the transportation of persons or property than shall be specified in the tariff of rates as required to be published by this act, shall be liable to the penalties prescribed in this section.

8. This act shall not be construed nor have the effect to release the Illinois Central Railroad Company from the payment into the treasury of the state of Illinois of the per centum on the gross or total proceeds, receipts or in

Punishment of

officer or agent

for violation.

Illinois Central not released

comes derived from said road and branches, stipulated in the charter of said company.

9. This act shall be in force from and after its passage. APPROVED March 10, 1869.

In force March 29, 1869.

AN ACT relating to fires caused by locomotives.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all actions against any person or incorporated company for the recovery of damages on account of any injury to any property, whether real or personal, occasioned by fire communicated by any locomotive engine while upon or passing along any railroad in this state, the fact that such fire was so communicated shall be taken as full prima facie evidence to charge with negligence the corporation, or person or persons who shall, at the time of such injury by fire, be in the use and occupation of such railroad, either as owners, lessees or mortgagees, and also those who shall at such time have the care and management of such engine; and it shall not, in any case, be considered as negligence on the part of the owner or occupant of the property injured, that he has used the same in the manner, or permitted the same to be used or remain in the condition it would have been used or remained had no railroad passed through or near the property so injured, except in cases of injury to personal property which shall be at the time upon the property occupied by such railroad. This act shall not apply to injuries already committed.

2. This act shall take effect and be in force from and after its passage.

APPROVED March 29, 1869.

In force March AN ACT to protect lives and property of persons at railway crossings of 81, 1862,

the public highways.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereRailroads to after, at all the railroad crossings of the public highways of in safe condi- this state outside of the corporate limits of the cities and villages, the several railroad companies of this state shall erect, construct and maintain the same, and the approaches

keep crossings

tion.

thereto within their respective rights of way, so that at all times they shall be safe as to lives of persons and property.

County

veyor

§ 2. It shall be the duty of the county surveyors of each county in this state, at least once in each year after notice. the passage of this act, to notify any and all railroad companies within their respective counties, by leaving a written. notice with any superintendent or any station agent of the company, resident of such county, twenty days prior to a certain day named, when he will proceed to view and examine any and all railroad crossings of the public highways in that county upon such railroad, naming the same, for the purpose of determining what, if anything, shall be done to make any or all of them safe as to the lives of persons and property.

sur

to give

§3. Any such railroad agent in this state that shall re- Effect of notice. ceive such notice, shall immediately transmit the same to the nearest superintendent of such road, whose duty it shall be to transmit the same to the general superintendent; and the receiving any such notice by any such superintendent or agent from any county surveyor, shall be deemed a sufficient notice and binding on such railroad company.

Duty of railroad on receipt

84. When any railroad company shall have received a notice as provided in section three of this act, it shall be the of notice. duty of said railroad company to direct its chief engineer, or any other civil engineer, to meet such county surveyor at the time and place named in said notice, and the county surveyor and such engineer shall, without unreasonable. delay, proceed to view and examine all the railroad crossings of such railroad over the public highways in that county, to then and there determine what shall be done at any and all crossings on such highways by the railroad company within their rights of way, in order to make them. safe to life and property.

§ 5. In all cases when the county surveyor and railroad Disagreement. engineer can not agree, they shall call in any civil engineer they may choose, not in the employ of any railroad company, and in all cases the decision of the majority of them shall be binding on both parties.

6. The county surveyor and railroad engineer, acting Report. under the provisions of this act, after viewing and determining what shall be done at the various railroad crossings and by whom, shall make a report in writing, a copy of which report shall be filed with the county clerk of such county, and be by him placed upon record and laid before the board of supervisors in counties adopting township organization, and the county court in counties not adopting township organization, and also with such railroad company for their information.

7. In case any railroad company, notified as provided Neglect of for in section two of this act, neglect or refuse to appear by visors.

railroad super

Neglect flagman.

an engineer, as provided for in this act, such county surveyor shall proceed to perform the duties required by section four of this act, and file a written report as required by such section; and any railroad company that shall refuse or neglect for the space of sixty days after receipt of such notice to alter, construct or maintain any or all railroad crossings of the public highways, as required of them in such report, the board of supervisors or county court, as the case may be, shall, without unreasonable delay, cause to be made all such alterations and repairs, and to have constructed and maintained such improvements upon the railroad crossings with the public highways as may be designated in the report of the county surveyor, at the cost of the railroad company, including the services of the county surveyor, at the rate of ten dollars per day for each day so employed.

of 8. In all cases when the parties named in section four of this act shall recommend that a flag man be placed at any crossing, it shall be the duty of such railroad company, within sixty days thereafter, to place and retain a flagman at such crossing, who shall perform the duties usually required of flagmen, and such flagmen are hereby empowered to stop any and all persons from crossing a railroad track when in his opinion there is danger from approaching trains and any railroad company refusing or neglecting to place flagmen as required by this section, shall be liable to a fine of one hundred dollars per day for every day they shall neglect or refuse so to do; such fine, when collected by due process of law, shall be paid to the proper officer of and for the benefit of the school district within which such railroad crossing is situated. It is hereby made the duty of the board of supervisors or county court, as the case may be, to enforce the payment of such fines and forfeitures before any court of record in the county, and the prosecuting attorney shall attend to the prosecution of all such suits as directed by said boards of supervisors or county court. All moneys collected under the provisions of this act, shall be paid into the county treasury, subject to the order of the school directors of the district in which any such crossing is situated.

Record to be kept.

Neglect

of

9. The county surveyor shall keep a record of the duties performed, and copies of notices served under the provisions of this act, and which shall become a part of the records of his oflice, and shall be paid by the county a reasonable amount for any services rendered under the provisions of this act, the payment for which is not hercin designated.

$10. Any county surveyor refusing or neglecting to conuty surveyor perform in good faith the duties required of him by this act, shall be liable to a fine of not less than one hundred dollars,

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