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Baggage checks.

Sleeping

cars.

perty at regular times to be fixed by public notice, and shall furnish sufficient accommodation for the transportation of all such passengers and property as are, within a reasonable time previous thereto, offered for transportation at the place of starting and the junctions of other railroads, and at usual stopping-places established for receiving and discharging way passengers and freights for that train; and shall transport the same between such places, on payment of the legal freight or fare, and shall be liable to the party aggrieved, in an action for damages, for any neglect or refusal in the premises.

1 R. S., 1236, § 35.

§ 552. A check shall be affixed to every parcel of baggage when it is taken for transportation if there is a handle, loop or fixture, so that the same can be attached upon it, and a duplicate thereof given to the passenger or person delivering the same in his behalf; and if such check be refused, on demand, the company shall pay to such passenger ten dollars, to be recovered in a civil action, and shall take no fare or toll from him; and if he has paid his fare it shall be refunded by the conductor.

Ib., § 36.

§ 553. Any patentee of a sleeping car, or his legal representative, may place his car upon any railroad, with the assent of the company, and may charge each passenger occupying it forty

cents for the use of a berth for one hundred miles; and at the rate of three mills for every additional mile, but in no case shall the charge exceed eighty cents. All persons using such car shall be furnished with tickets, with the words "Sleeping car" plainly written or printed thereon.

Laws of 1858, ch. 125, p. 234, § 1, and part of § 2.

§ 554. Such company shall not be interested in the sums so charged. They shall maintain sufficient first-class cars of other kinds for the accommodation of all passengers not using the sleeping car, and be liable for damages for injuries to the same extent as if the sleeping cars were owned and provided by them.

Ib., ch. 125, § 3, part of 2 and 4.

§ 555. In forming a passenger train, baggage, freight, merchandise or lumber cars shall not be placed in rear of the passenger cars; and the officer or agent who directs or knowingly suffers such arrangement, and the conductor of the train, are guilty of a misdemeanor.

1 R. S., 1236, § 37.

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passengers.

§ 556. In case any passenger on any railway is Duty of injured, while on the platform of a car, or in any baggage, wood or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury; provided there was,

Crossing signals.

at the time, room inside its passenger cars for the proper accommodation of the passengers.

1 R. S., 1238, § 45.

§ 557. A bell shall be placed on each locomotive engine run on any railway, and rung at the distance of at least eighty rods from the place where the track crosses, on the same level, any traveled public way, and be kept ringing until the engine has crossed the same; or a steam whistle shall be attached, and be sounded, except in cities, at the like distance, and be kept sounding at intervals until it has crossed the same; and every neglect thereof subjects the company to a fine not exceeding twenty dollars, in the discretion of the court; and every engineer having charge of the engine, to a fine not exceeding fifty dollars, or imprisonment in the county jail not exceeding sixty days, in the discretion of the court; and the company shall be liable for all damages sustained by any person by reason of such neglect.

The penalties under this section may be sued for, in the name of the people of the state, by the district attorney of the county in which they accrue, within ten days, and in case he omits to sue therefor within that time, then any person aggrieved may sue therefor in the name of the overseers of the poor of the town wherein the same accrued, which, when recovered, shall be paid to the overseers for the benefit of the If such person poor.

fails in the action the court shall give judgment against him for costs.

Laws of 1854, ch. 282, p. 608, § 7.

tion of company's

§ 558. If any person, while in charge of a loco- Intoxicamotive engine or while acting as conductor, is servants. intoxicated, he is guilty of a misdemeanor.

1 R. S., 1237, § 40.

companies

§ 559. The liability of railway companies as Railway common carriers is regulated by the CIVIL CODE. carriers.

as common

CHAPTER IV.

CANALS.

SECTION 560. Boat owner or master to furnish certificate of registry.

561. Duty of collector.

562. Duty of the comptroller.

563. Penalty for changing name without order.

564. Clearances not granted to unregistered boats.

565. Name to be on each boat.

566. The bill of lading and its requisites.

567. To whom to be exhibited.

568. Provision where there is no collector on the route.

569. Penalties.

570. Making a false bill knowingly is a misdemeanor.
571. Clearances.

572. Delivery of clearance.

573. Provision if there is no collector there.

574. Penalty for omitting to deliver clearance.

575. Certified copies of clearance.

576. Tonnage.

577. Weighing, counting and measuring freight.

578. Fraud in clearance.

579. Fraud in package.

580. Disposition of confiscated property.

581. Statement of passengers.

582. Affidavit that no passengers have been carried.

583. Different masters.

584. Penalty.

SECTION 585. Collector's duty.

586. Evidence of neglect to make statement.

587. Tolls on passengers in other cases.

588. Commutation.

589. Collector's clerks.

590. Collector to assign berths.

591. Speed.

592. Boats overtaking.

593. Boats to turn to the right.

594. Boats meeting in narrow places.
595. Penalty.

596. Passing locks.

597. Lock-keepers to determine disputes.

598. Penalty.

599. Setting poles.

600. Knife on the bow.

601. Obstructions.

602. Articles found to be sold.

603. Application of proceeds.

604. Penalty for taking rails.
605. Boat liable for penalty.

606. Boat may be detained.
607. Releasing or selling same.
608. Reference to fiscal laws.

Boat owner

or master to furnish certificate

of registry.

§ 560. The owners of every boat navigating the canals shall subscribe and deliver to the collector from whom the first clearance for it is demanded a "certificate of registry," containing the owners' names and places of abode, the name of the boat and of some place as that where it is owned. If the owners reside out of the state, the certificate shall be signed and delivered by the master as owner; and whenever such master is changed, the new master shall sign and deliver a new certificate to the collector of whom he first demands a clear

ance. The persons thus specified as owners shall be deemed the true owners for all purposes of this chapter.

1 R. S., 507, §§ 205, 206, 212.

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