Imágenes de páginas
PDF
EPUB

1887

Quorum.

SEC. 13. That a majority of said members of the Board of Revisers shall constitute a quorum to transact all business. SEC. 14. That all the rights given railroad companies by sections 8, 9, 10, 11, 12 and 13 to protest against any action of Right of protest given to inthe Railroad Commissioners are hereby given also to any indi- dividuals or other corporavidual, corporation, firm or partnership who shall desire to tions. make such protest as is provided that railroad companies may

make.

books and pa

SEC. 15. That it shall be the duty of said Commissioners to investigate the books and papers of all railroad companies doing Powers of Combusiness in this State to ascertain if the rules and regulations missioners over aforesaid have been complied with, and to make personal visi- pers of Railtations of railroad offices, stations, and other places of business, road compafor the purpose of examination, and to make rules and regulations concerning such examinations, which rules and regulations shall be observed and obeyed as the other rules and regulations aforesaid. Said Commissioners shall also have full power and authority to examine all agents and employees of Power to examsaid railroad companies and other persons, under oath or other-ime agents and wise, in order to procure the necessary information to make just and reasonable rates of freight and passenger tariffs, and to ascertain if such rules and regulations are observed or violated, and to make necessary and proper rules and regulations concerning such examinations, and which rules and regulations herein provided for shall be obeyed and enforced as other rules and regulations provided for in this act.

employees.

agreements be

Companies to

SEC. 16. That ali contracts and agreements between railroad companies doing busiress in this State, as to rates of freight and Contracts and passenger tariffs, shall be submitted to said Commissioners for tween Railroad inspection and correction, that it may be seen whether or not be submitted to they are a violation of the law, or of this act, or of the rules Commissioners and regulations of said Commissioners; and all arrangements and agreements whatever as to the division of earnings of any kind by competing railroad companies doing business in this State shall be submitted to said Commissioners for inspection and approval in so far as they affect rules and regulations made by said Commissioners to secure to all persons doing business with said companies just and reasonable rates of freight and passenger tariffs, and said Commissioners may make such rules and regulations as to such contracts and agreements as may be then deemed necessary and proper.

lations of this

SEC. 17. That if any railroad company doing business in this State, by its agents or employees, shall be guilty of a vio- Penalty for violation of the rules and regulations provided and prescribed by act. said Commissioners, and if, after due notice of such violation given to the principal office thereof, ample and full recompense for the wrong or injury doue thereby to any person or corpora

[ocr errors]

1887

Where action to lie.

tion, as may be directed by said Commissioners, shall not be made within thirty days from the time of such notice, such company shall incur a penalty for each offense of not less than one hundred dollars nor more than five thousand dollars, to be fixed by the presiding Judge. An action for the recovery of such penalty shall lie in any county in the State where such violation has occurred, or wrong has been perpetrated, and shall be in the name of the State of Florida. The Commissioners shall institute such action through the Attorney-General or State Attorney. Any Superintendent, agent or other Penalty if Rail- employee of any railroad company in this State, who willfully violates any of the provisions of section 4 of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months in the jail of the county in which such person is convicted.

road official or employee vio. late section 4.

Damages to per sons, where and

how recovered.

Limitation.

Rules of evi dence.

Fines, when payable.

Remedies cumulative.

Definition of terms.

SEC. 18. That if any railroad company doing business in this State shall, in violation of any rule or regulation provided by the Commissioners aforesaid, inflict any wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the county where the same was done in any court having jurisdiction thereof; and the damages to be recovered shall be the same as in action between individuals, except that in cases of willful violation of law such railroad companies shall be liable to exemplary damages; Provided, That all suits under this act shall be brought within twelve months after the commission of the alleged wrong or injury.

SEC. 19. That in all cases under the provisions of this act the rules of evidence shall be the same as in civil actions, except as hereinbefore otherwise provided. All fines recovered under the provisions of this act shall be paid into the County Treasury, to be used for county school purposes in the county where the fine was imposed. The remedies hereby given the persous injured shall be regarded as cumulative to the remedies now given by law against railroad corporations, and this act shall not be construed as repealing any statute giving such remedies.

SEC. 20. That the terms "railroad corporation or "railroad company," contained in this act, shall be deemed and taken to mean all corporations, companies or individuals now owning or operating or which may hereafter own or operate any railroad in whole, or in part, in this State, and the provisions of this act shall apply to all persons, firms and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common [carriers] upon any of the lines of railroads in this State (street railroads excepted) the same as to railroad corporations herein before mentioned.

1887

sification and

SEC. 21. That all railroad companies operating railroads in this State shall adopt a uniform classification and issue duplicate freight receipts to shippers where station agents are em- Uniform clasployed, in which shall be stated the class or classes of freight duplicate shipped, the freight charges over the road giving the receipt, freight receipts. and so far as practicable shall state the freight charges over other roads that carry such freight. When the consignee presents the railroad receipt to the agent of the railroad that de livers such freight, such agent shall deliver the articles shipped at the point named in the receipt, provided the company has Goods to be detransportation connection with said point, on payment of the named in rerate charged for the class of freights mentioned in the receipt. ceipt. If any railroad company shall violate the provisions of the statute, such railroad company shall incur a penalty, to be fixed and collected as provided in section 17 of this act; Provided, That the consignee shall pay the freight charges on goods, Freight to be merchandise and other freights received, and shall not be paid by concompelled to pay for goods, merchandise and other freights not received.

livered at place

signee.

to report March

Commissioners

may summons

nesses.

SEC. 22. That it shall be the duty of the Commissioners herein provided for by the first day of March in every year to Commissioners make to the Governor annual reports of the transactions of their 1st of each year. office, and to recommend from time to time such legislation as they may deem advisable under the provisions of this act. SEC. 23. That said Railroad Commissioners, in making any examination for the of obtaining information pursuant purpose to this act, shall have power to issue subpoenas for the attend- witnesses. ance of witnesses by such rules as they may prescribe, and said witnesses shall receive for such attendance two dollars per day, Pay of witand five cents per mile traveled by the nearest practicable route in going to and returning from the place of meeting of sail Commissioners, to be ordered paid by the Governor upon presentation of subpoenas sworn to by the witnesses as to the number of days served and miles traveled, before the clerk of said Commissioners, who is hereby authorized to administer oaths. In case any person shall willfully fail or refuse to obey such subpoena, it shall be the duty of the County Judge of any county, upon application of said Commissioners, to issue an Attachment attachment for such witness, and compel him to attend before way issue for the Commissioners and give his testimony upon such matters as shall be lawfully required by such Commissioners, and said court shall have power to punish for contempt, as in other cases of refusal to obey the process and order of such court.

witnesses.

violation of this

SEO. 24. That every officer, agent or employee of any rairoad company, who shall willfully neglect or refuse to make and Penalties for furnish any report required by the Commissioners as necessary act. to the purposes of this act, or who shall willfully and unlawfully

1887

hinder, delay or obstruct said Commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than one hundred nor more than five thousand dollars for each offence, to be recovered in an action of debt in the name of the State.

Approved June 7, 1887.

[ocr errors]

CHAPTER 3747-[No. 67.]

AN ACT to Protect Mechanics, Artisans, Laborers and Material Men, and to Provide for the Speedy Collection of Moneys due them for Wages or Materials Furnished.'

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That mechanics, laborers and all other persons Who shall have who shall perform any labor upon, or in the construction of, any building or other work or structure, shall have a lien of superior dignity to all others upon the building, work or structure upon which they may have worked in the construction or repair thereof, and also upon the interest of the owner in the lot or land upon which such building, work or structure stands, to the Extent of lien. extent of the value of any labor done by them, whether such labor was performed in the direct employment of the owner of the property or his agent, or of a contractor or contractors, sub-contractor or sub-contractors; Provided, That such lien Lien to be filed shall be filed in the office of the Clerk of the Circuit Court within six months after demand made by the party having the lien under this act for payment to him of what is due at the time of such demand.

with Clerk of

Court.

Lien upon prop

erty of Rail

road, Canal and

other corporations, &c.

SEC. 2. That any person or persons who shall perform any labor upon, or for the benefit of, any railroad, canal, telegraph or telephone company, wharf, mill, distillery or other manufac tory, whether in the construction, repairing or operating thereof, shall have a lien of superior dignity upon such railroad, canal, telegraph or telephone lines, appurtenances and prop erties thereof, wharf, mill, distillery or other manufactory, together with the owner's, lessee's or operator's interest in the lot or land upon which they stand, together with all franchises, Extent of lien. machinery and equipments, to the extent of the value of any labor performed thereon or therefor, whether such labor was performed for the owner or his agents, or for a contractor or Sub-contractor, or a lessee or operator; Provided, That said Tien shall only apply to the interest of the lessee or operator of saw mills, unless the lessor, by virtue of a lease, becomes part owner in the lumber and other material manufactured; Provided further, That the land or wharf upon which any

1887

posted.

mill, distillery or other manufactory is situated, and which is held under lease, shall not be subjected to any lien other than on the leasehold interest. But in all cases the lien shall exist upon the subject matter upon which the labor is performed. List of property On or after the passage of this act every mill owner or other exempt to be manufacturer shall cause to be posted in a conspicuous place a notice, which notice shall state what portion of the machinery, material or other matter is exempt from this lien. Any failure to comply with this notice shall render liable all the property apparently belonging to said business.

SEC. 3. That any person who shall perform any labor upon

ers.

or in any farm, orchard, grove, garden, park, or other grounds, Lien of Agriwhether in [clearing] up, fencing, ditching, or draining, or in cultural labormaintaining and cultivating the same, shall have a lien upon said farm, orchard, grove, garden, park, or other grounds to the full extent of the right, title and interest therein of the person employing him to do or perform such labor, and shall have a lien upon all timber or other material cut, cleared or removed; and upon all crops planted, cultivated and harvested therefrom, Extent of lien.

which said lien shall be subordinate to the lien of landlords for rent; Provided, That none of the liens created in this section, except the one on crops, shall operate against bona fide purchasers and mortgagees without notice, and that when there is an existing contract which is inconsistent with the lien, the contract shall prevail, and no lien shall exist.

rial men.

SEC. 4. That any person or persons who shall furnish any lumber, brick, stone, lime, paint, hardware, or other building Lien of matematerial for the construction, repair or use of any building, railroad, canal, telegraph, telephone, wharf, bridge, mill, distillery or other manufactory, work or structure, together with the owner's interest in the lot or lands whereon such building, Extent of lien. work or structure stands, to the extent of the value of the materials furnished, whether such materials were so furnished

to the owners or their agents, or to contractors or sub-con

tractors.

tured or re

SEC. 5. That any person or persons who shall manufacture, alter or repair any article or thing of value, shall have a lien Lien upon artiof superior dignity to all others, upon the same to the value of cles manufac such making, alteration or repairing thereof, for the period of paired. 90 days from such delivery. But such lien shall not affect the title of innocent purchasers of any such property, or per- Rights of innosons innocently acquiring a mortgage thereon or the lien of cent purchasers. other mechanics subsequently doing work on such property,

and that the lien so subsequently acquired shall be first satis

fied.

SEC. 6. That any person or persons of whatsoever occupation, trade or craft, performing any labor whatsoever upon or with

« AnteriorContinuar »