State shall, in violation of any rule or regulation provided by the Commissioners as 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 actions between individuals, except that in cases of wilful 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. XI. 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 State Treasury, to be used for such purposes as the General Assembly may provide. The remedies hereby given the persons 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. XII. 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 railroad in this State, (street railways excepted) the same as to railroad corporations hereinbefore mentioned. SEC. XIII. That all railroad companies in this State shall, on demand, issue duplicate freight receipts to shippers, in which shall be stated the class or classes of freight shipped, the freight charges over the road giving the receipt, 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 delivers such freight, such agent shall deliver the article shipped on payment of the rate charged for the class of freights mentioned in the receipt. If any railroad company shall violate this provision of the statute, such railroad company shall incur a penalty to be fixed and collected as provided in section nine of this Act. SEC. XIV. That it shall be the duty of the Commissioners herein provided for, to make to the Governor semi-annual reports of the transactions of their office, and to recommend from time to time such legislation as they may deem advisable under the provisions of this Act. SEC. XV. That said Railroad Commissioners, in making any examination for the purpose of obtaining information pursuant to this Act, shall have power to issue subpoenas for the attendance of witnesses, by such rules as they may prescribe. And said witnesses shall receive for such attendance two dollars per day, and five cents per mile, traveled by the nearest practicable route in going to and returning from the place of meeting of said 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 travelled, before the clerk of said Commissioners, who is hereby authorized to administer oaths. In case any person shall wilfully fail or refuse to obey such subpoena, it shall be the duty of the Judge of the Superior Court, of any county, upon application of said Commissioners, to issue an attachment for such witness, and compel him to attend before 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. SEC. XVI. That every officer, agent or employee of any railroad company who shall wilfully neglect or refuse to make and furnish any report required by the Commissioners, as neces sary to the purposes of this Act, or who shall wilfully and unlawfully 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 offense, to be recovered in an action of debt in the name of the State. SEC. XVII. That all laws militating against this Act are hereby repealed. Extract from the general Railroad Law of Massachusetts, being chapter 112 of the Public Statutes. RIGHTS RESERVED BY THE COMMONWEALTH. SECT. 6. Nothing contained in this chapter shall be construed to impair the rights of the commonwealth as asserted or reserved in previous statutes. The provisions of this chapter, and the franchises, rights, powers, privileges, duties, and liabilities of railroad corporations established under this or any general statute, may be altered, amended, or repealed, and the general court may annul or dissolve any such corporation. SECT. 7. The commonwealth may at any time during the continuance of the charter of a railroad corporation, after the expiration of twenty years from the opening of its road for use, purchase of the corporation its road and all its franchise, property, rights, and privileges, by paying therefor such sum as will reimburse to it the amount of capital paid in, with a net profit thereon of ten per cent. a year from the time of the payment thereof by the stockholders to the time of the purchase. SECT. 8.-The commonwealth may at any time take and possess the road, franchise, and other property of a railroad corporation, after giving to it one year's notice in writing; and shall pay therefor such compensation as may be awarded by three commissioners, to be appointed by the supreme judicial court, who shall be sworn to appraise the same justly and fairly, and shall estimate and determine all damages sustained by it by such taking; and a corporation aggrieved by the determination of said commissioners may have its damages assessed by a jury of the superior court in the county of Suffolk, in the same manner as is provided by law with respect to damages sustained by reason of the laying out of ways in the city of Boston. INDEX. Absorption of parallel lines, terms Acquisition by railroad company of Adams, C. F., Jr., Railroads, their Agents and public officers of States liable to be sued, 147, 148 American securities, 7, 8; compara- tive safety of, 7, 8; amount of Assessments of stockholders, 67, 68 ment, 124, 125; advantages and Basis of compensation to corpora- Central and subordinate Boards, re- Charter, forfeiture of, 34 Coloured labour in the South, 139, Combination, current objections to, Compulsory purchase by State (Mas- Concessions in foreign countries, 30 Construction of Statutes by Federal Contract between State and char- Contract, impairment of, 145-151 Control, 29; relation of to Wall Corners, risks incident to, 83, 84 Cumulative remedies, 164-166 Debts incurred in aid of rebellion De Laveleye, M. E., 21 Demagogues in the South, 136, 137 |