crossing, and shall give such signals in cities and towns as the legislative authorities thereof may require.

Sec. 206. No passenger car on any railroad shall be lighted by naphtha or illuminating oil or fluid made in part of naphtha, or any oil or fluid which will ignite at a temperature of less than three hundred degrees Fahrenheit.

Sec. 207. Every company shall keep its right of way clear and free from weeds, high grass and decayed timber, which, from their nature and condition, are combustible material, liable to take and communicate fire from passing trains to abutting or adjacent property.

Sec. 208. Every person now operating, or that may hereafter operate a railroad in this State, under a contract or lease, shall have the same recorded in the office of the Secretary of State and in the county clerk's office of every county in which said road, or part thereof, lies, within thirty days after the contract or lease is executed, or if heretofore made, within thirty days after this law goes into effect.

Sec. 209. When two railroad companies use the same line of roadway in the operation of their trains they shall afford along such roadway reasonable and proper facilities for the receiving, forwarding and delivering of passengers and property without discrimination in their rates and charges. All contract made between such companies is, so far as the same shall conflict with the provisions of this section, are hereby declared to be null and void, and contrary to public policy. The railroad commissioners shall enforce the provisions of this section by imposing the same penalties for violations thereof as is provided in section 227 of this act for violations of said section.

Sec. 210. Any company failing to comply with or violating or permitting any of its employes or agents to violate any of the provisions of sections 191, 192, 193, 194, 196, 197, 199, 200, 201, 203, 205, 206, and 208 of this article, shall, in addition to subjecting itself to any damages that may be caused by such failure or violation, be guilty of a misdemeanor, and be fined for each failure or violation not less than one hundred nor more than five hundred dollars, to be recovered by indictment in the circuit court of any county through which the company in default operates a line of road, or in the Franklin Circuit Court.

Sec. 211. Any person who shall recklessly, wantonly or malici

ously throw any stone, stick or club or other missile, at or into, or shoot at or into any engine of any railroad train in this State, or any car attached thereto, on or in which engine or car there may be any passenger or other person, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less tha one hundred nor more than five hundred dollars, or imprisoned in the county jail not less than six nor more than twelve months. And if any such stone, stick, club or other missile so thrown was calculated to produce death or great bodily harm, and any person or passenger, on or in such engine or car attached thereto, shall be injured or wounded, such person throwing the same shall be deemed guilty of a felony, and be fined in the sum not less than two hundred nor more than five hundred dollars, and imprisoned in the penitentiary not less than one or more than two years. And should death ensue from such throwing or shooting within one year thereafter, the person guilty of the same, as herein provided, shall be deemed guilty of murder.

Sec. 212. It shall be unlawful for any person other than passengers and employes, to get on or off on the outside, or to swing on or hang on from the outside of any engine or car whilst the same is in motion or switching, or immediately preceding its moving or switching. Any person violating the provisions of this section. shall be fined not exceeding ten dollars for each offense.

Sec. 213. If any person, whilst riding on a passenger or other train, shall, in the hearing or presence of other passengers, and to their annoyance, use or utter obscene or profane language, or behave in a boisterous or riotous manner, or obtain, or attempt to obtain, money or property from any passenger by any game or device, he shall be fined for each offense not less than twenty-five nor more than one hundred dollars, or imprisoned in the county jail not less than ten nor more than fifty days, or both so fined ond imprisoned; and it shall be the duty of the conductor in charge of any train upon which there is a person which has violated the provisions of this section, either to put such person off the train, or to give notice of such violation to some peace officer at the first stopping place where any such officer may be.

Sec. 214. Any person who shall willfully and maliciously tear up, displace, break, or disturb any rail or other fixture attacked to the track or switch of any railroad in operation, or break any bridge or viaduct of such road, or who shall place any obstruction

on the track or switch of such road, or do any act whereby an engine or car might be upset, arrested or thrown from the track of such road or switch, or any branch or turn-out, shall be confined in the penitentiary not less than one nor more than five years.

Sec. 215. Any person who shall, by any of the acts mentioned in the next preceding section, cause the life of any person to be put in immediate peril, or cause any locomotive or car to be actually thrown from the track, shall be confined in the penitentiary not less than two nor more than ten years.

Sec. 216. If, by the locomotives or cars of any company, cattle shall be killed or injured on the track of said road adjoining the land belonging to, or in the occupation of the owner of such cattle, who has not received compensation for fencing said land along said road, the loss shall be divided between the railroad company and the owner of such cattle; but in every case where cattle are killed or injured by the negligence or carelessness of the agent or servants of any company, it shall pay full damages for such killing or injury; and the killing or injury of cattle by the engine or cars of any company shall be prima facie evidence of negligence and carelessness on the part of the company, its agents and servants.

Sec. 217. Whenever any cattle may be killed or injured by the cars or locomotive upon any railroad, it shall be lawful for the owner of the cattle so killed or injured, after first giving the nearest station agent of the company operating said railroad written notice of his intention, to apply to a justice of the peace within the district in which said cattle may have been killed or injured; and said justice shall appoint three discreet and disinterested housekeepers of his county a board of appraisers, who, after being duly sworn, shall examine the cattle so killed or injured, and affix a value upon the same if killed, or assess the damages to the same if injured, and return to said justice a written report, carefully describing the cattle, stating whether they were killed or injured, and also setting out the valuation or assessments of damage made by them; which report said justice shall preserve as a part of the records of his office.

Sec. 218. If the company shall fail, for sixty days, to pay to the owner of the cattle so killed or injured the full amount assessed by said board of appraisers, and one-half the cost attending the assessment, he shall have the right to institute suit on the original cause of action, and if upon the trial he recovers a verdict

for an amount equal to the amount assessed in his favor by said board of appraisers, it shall be the duty of the court to render judgment in his favor for the amount of said verdict, and twentyfive per centum in addition thereto; but if the company has offered to pay the award and the owner has refused to accept the same, and he fails to recover a verdict for an amount equal to said assessment, the cost of the action shall be taxed against him.

Sec. 219. The justice of the peace and the three appraisers shall receive for their services each the sum of one dollar, to be paid equally by the company and the owner of the stock killed or injured; and if an action is brought against the company, these fees shall be taxed as cost against the unsuccessful party.

Sec. 220. The provisions of the last three preceding sections shall not apply to any railroad company which shall inclose its entire line of road with a good and lawful fence, and good and sufficient cattle gaps, and keep the same in repair.

Sec. 221. The rolling stock and other movable property belonging to any company in this State shall be considered personal property, and liable to execution and sale in the same manner as the property of individuals; and the earnings, money, and choses in action of any company in the hands of any officer, agent or employe may be subjected to the payment of debts in the same manner as similar property of individuals; and after an execution on a judgment against any company owning or operating any railroad in this State shall be returned by the proper officer no property found,. in whole or in part, the plaintiff therein may institute an equitable action against said company in the circuit court of the county in which said judgment was rendered, to place its road and property in the hands of a receiver; and the court, upon a petition showing. said return, and the failure to pay said judgment upon the service of summons upon said company, shall appoint some suitable person as receiver of said company, and as such take possession and control of all the road and property belonging to and operated by said company, including all rolling stock thereof. Said receiver shall operate said road until he shall have collected a sum sufficient to pay off the judgment and costs, and the cost of the receivership, when he shall surrender the road and property to the defendant. The receiver shall first pay out of the earnings and receipts of the road collected by him the necessary operating expenses, including the same what shall be necessary to keep said road in such repair that it can be safely and properly operated. The said receiver

before entering upon his duties, shall execute a bond for the faithful performance of his duties, with good and sufficient sureties, to be approved by the court.

Sec. 222. Any person engaged in operating a mine or stone quarry within three miles of any navigable stream or railroad, may, for the purpose of transporting material to and from such stream or railroad and such mine or quarry construct and operate a line of railroad from such mine or quarry to the most convenient and accessible point on such stream or road, and may, under the general laws, condemn such land as may be necessary, not exceeding fifty feet in width for each track necessarily constructed, and not exceeding two acres of land at such railroad or stream for the purpose of necessary buildings. The owner or operator of such road shall be, so far as they are applicable, governed and controlled by the laws relating to other railroads, and shall have the same rights and privileges granted to corporations owning and operating lines of railroad.

Sec. 223. If any railroad corporation shall charge, collect or receive more than a just and reasonable rate of toll or compensation for the transportation of passengers or freight in this State, or for the use of any railroad car upon its track, or upon any track it has control of, or the right to use in this State, it shall be guilty of extortion.

Sec. 224. If any corporation engaged in operating a railroad in this State shall, directly or indirectly, by any special rate, rebate, drawback or other device, charge, demand, collect or receive from any person a greater or less compensation for any service rendered in the transportation of passengers or property than it charges, demands, collects or receives from any other person for doing for him a like and contemporaneous service in the transportation of a like kind of traffic, it shall be deemed guilty of unjust discrimi nation.

Sec. 225. It shall be unlawful for any corporation to make or give any undue or unreasonable preference or advantage to any particular person or locality, or any particular description of traffic, in any respect, whatever, in the transportation of a like kind of traffic; or to subject any particular person, company, firm, cor poration or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage. When one or more car loads of freight shall be transported at the same time