all the directors of said company, and attested by the president and secretary thereof, with the seal of such company affixed thereto; and the acceptance of any part of this act shall be deemed and taken to be an acceptance of the whole act, and a surrender of the act or acts under which the company may be organized. Thereupon such company shall possess all of such powers, rights and benefits so accepted, and be subject to all of the obligations and restrictions herein specified, as fully and completely as they would have had and been if organized under this act. 3569. Kind of rail to be used in construction-Not to apply to street railroads. SEC. 57. All railroads built by companies incorporated under the provisions of this act shall be constructed with the best quality of iron rail known as T rail and H rail, or other patterns of equal utility; provided, the provisions of this section shall neither apply to tracks laid down in streets of incorporated cities or towns, nor other railroads operated by animal power. 3570. Street railroads may operate under act. SEC. 58. Corporations may be formed under this act for the purpose of constructing, running, operating, and maintaining a street railroad, or railroads, being wholly within the limits of a city, and county, and town under a franchise or franchises heretofore given to any such company or companies. An Act concerning petitions of taxpayers in aid of the construction of railroads in the several counties of this state. Approved March 3, 1881, 120 3571. Railroad property, in cases of petition, excluded from computation. SECTION 1. In any and all counties in this state wherein county aid is proposed to be extended to encourage the construction of a railroad, and the issuance of the bonds of such county, for such purpose, is dependent upon a petition of persons representing a majority of the taxable property in such county, the amount of property therein owned by any railroad company shall be excluded from computation in ascertaining the total amount of taxable property, in such county, and in further ascertaining what shall constitute a majority of the taxable property therein. An Act to provide for the proper care of live stock by transportation companies. Approved March 7, 1885, 73 3572. Duties of railroad companies in transporting live stock-Time of confinement. SECTION 1. No company operating any railroad in this state shall, in carrying and transporting any cattle, sheep or hogs, in carload lots, confine the same in cars for a longer period than thirty-six consecutive hours without unloading for rest, water and feeding, for a period of at least ten consecutive hours. In estimating such time of confinement the period in which the animals have been confined without such rest on connecting roads shall be computed. See secs. 3585-3587, Federal act affecting interstate shipments limits time to twenty-eight hours. (34 Stat. L. 607). 3573. May charge expense of feeding stock to owners in certain cases. SEC. 2. In case the owner or person in charge of such animals refuse or neglect to pay for the feed and care of the animals so rested, the railroad company may charge the expense thereof to the owner or consignee, and retain a lien upon the animals until the same is paid. An Act authorizing the sale by any railroad corporation owning any railroad in this state, of its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of Congress; also authorizing the corporation purchasing the same to operate such railroad, to build and operate extensions or branches thereof, and for that purpose to exercise the power of eminent domain. Approved March 1, 1899, 32 3574. May sell property and franchise-Foreign corporations-Power of eminent domain-To file copy of articles in each county. SECTION 1. Any railroad corporation owning any railroad in this state may sell, convey and transfer its property and franchises, or any part thereof to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of Congress; and any such other railroad corporation receiving such conveyance may hold and operate such railroad franchise and property within this state, build and operate extensions or branches thereof, and for that purpose exercise the power of eminent domain, and do any other business in connection therewith, as fully and effectually to all intents and purposes as if such corporation were organized under the laws of this state. And any railroad corporation organized under the laws of any other state or territory, or under any act of Congress, may construct, own and operate a line of railroad and extensions and branches thereof in this state, and for that purpose may exercise the power of eminent domain, and do any other business in connection therewith, as fully and effectually, to all intents and purposes, as if such corporation were organized under the laws of this state; provided, nevertheless, that before any corporation, incorporated or organized otherwise than under the laws of this state, shall acquire or construct any railroad in this state, by virtue of this law, it shall file in the office of the county recorder of each county in which the said railroad so to be constructed or acquired, or any part, extension or branch thereof shall be situated, a copy of its certificate or articles of incorporation, or of the act or law by which it was created, with a certified list of its officers, in the manner and form required by section 1 of an act of the legislature of the State of Nevada entitled "An act to amend an act entitled 'An act to require foreign corporations to furnish evidence of their incorporation and corporate name,' approved March 3, 1869," approved January 30, 1877. [Sec. 1346.] As amended, Stats. 1901, 51. An Act to prevent discrimination in fares and freights by railroad companies whose railroads run through the State of Nevada, or by railroad companies, the terminus or termini of whose railroads are within the State of Nevada. Approved February 12, 1879, 28 3575. Discrimination-Transportation facilities furnished-Continuous carriage. 3576. Unlawful to allow rebates, drawbacks, or other advantage. 3577. Unlawful to make combinations to pre- 3578. Short and long haul. 3580. Provisions of this act to apply to all property-All railroads to fix their own rates. 3581. Penalties for violation Amount of 3583. Certain property may be transported 3575. What constitutes discrimination-Transportation facilities fur nished-Continuous carriage. SECTION 1. It shall be unlawful for any person or persons engaged alone or associated with others in the transportation of property by railroad, whose railroads are wholly or in part in the State of Nevada, from any boundary of said state, to any point in said state, or from any point in said state to any boundary of said state, or from one point in said state to any other point in said state, directly or indirectly, to charge to or receive from any person or persons any greater or less rate or amount of freight, compensation, or reward than is charged to or received from any other person or persons for like and contemporaneous service in the carrying, receiving, delivering, storing, or handling of the same; and all persons engaged as aforesaid, shall furnish, without discrimination, the same facilities for the carriage, receiving, delivery, storage, and handling of all property of like character, carried by him or them, and shall perform with equal expedition the same kind of services connected with the contemporaneous transportation thereof as aforesaid. No break, stoppage, or interruption, nor any contract, agreement, or understanding shall be made to prevent the carriage of any property from being, and being treated, as one continuous carriage in the meaning of this act, from the boundary line of the State of Nevada, to the place of destination if within said state, or from the place of shipment if within said state, to the boundary of said state, or from the place of shipment to the place of destination if said place of shipment and destination be within said state, unless such stoppage, interruption, contract, arrangement, or understanding was made in good faith for some practical and necessary purpose, without any intent to avoid or interrupt such continuous carriage, or to evade any of the provisions of this act. See railroad commission act, secs. 4570-4572. 3576. Unlawful to allow rebates, drawbacks, or other advantage. SEC. 2. It shall be unlawful for any person or persons engaged in the transportation of property as aforesaid, directly or indirectly, to allow any rebate, drawback, or any other advantage in any form, upon shipments made or services rendered as aforesaid by him or them. See secs. 4572, 6737. 3577. Unlawful to make combinations to prevent continuous carriage. SEC. 3. It shall be unlawful for any person or persons engaged in the carriage, receiving, storage, or handling of the property, as mentioned in section 1 of this act, to enter into any combination, contract, or agreement by changes of schedule, carriage in different cars, breaking carloads into less than carloads, or by any other means, with intent to prevent the carriage of such property from being continuous from the boundary line of the State of Nevada to the place of destination, if such place of destination be within said state, or from the place of shipment if such place of shipment be within said state, to the boundary of said state, or from the place of shipment to the place of destination, if said places of shipment and destination be within said state, whether carried on one or several railroads; and it shall be unlawful for any person or persons, carrying property as aforesaid, to enter into any contract, agreement, or combination for the pooling of freights, or to pool the freights of different and competing railroads, by dividing between them the aggregate or net proceeds of the earnings of such railroads or any portion of them. 3578. Short and long haul. SEC. 4. It shall be unlawful for any person or persons engaged in the transportation of property, as provided in section 1 of this act, to charge or receive any greater compensation per carload, or part thereof, of similar property, for carrying, receiving, storing, forwarding, or handling the same for a shorter than for a longer distance in one continuous carriage. As amended, Stats. 1879, 111. See sec. 4555. 3579. To adopt schedule-What shall state-Schedules, where posted. SEC. 5. All persons engaged in carrying property, as provided in section 1 of this act, shall adopt and keep posted up schedules, which shall plainly state: First-The different kinds and classes of property to be carried. Second-The different places between which such property shall be carried. Third-The rates of freight and prices of carriage between such places, and for all services connected with the receiving, delivery, loading, unloading, storing, or handling the same. Such schedules may be changed from time to time as hereinafter provided. Copies of such schedules shall be printed in plain, large type, at least the size of ordinary pica, and shall be kept plainly posted for public inspection, in at least two places in every depot where freights are received or delivered, and no such schedule shall be changed in any particular, except by the substitution of another schedule. containing the specifications above required, which substitute schedule shall plainly state the time when it shall go into effect, and copies of which, printed as aforesaid, shall be posted as above provided at least five days before the same shall go into effect, and shall remain in full force until another schedule shall, as aforesaid, be substituted. And it shall be unlawful for any person or persons engaged in carrying property on railroads, as aforesaid, after thirty days after the passage of this act, to charge or receive more or less compensation for the carriage, receiving, delivery, loading, unloading, handling, or storing of any of the property contemplated by section 1 of this act, than shall be specified in such schedule as may at the time be in force. See sec. 4552. 3580. Provisions of this act to apply to all property-All railroads to fix their own rates. SEC. 6. Each and all the provisions of this act shall apply to all property, and the receiving, delivery, loading, unloading, handling, storing, or carriage of the same, on one actually or substantially continuous carriage, as provided for in section 1 of this act, and the compensation therefor, whether such property be carried wholly on one railroad or partly on several railroads, and whether such services are performed, or compensation paid, or received, by or to one person alone or in connection with another or other persons; provided, that each and every railroad company, as aforesaid, shall fix its own rate or rates in its schedule; and such rate or rates, in such schedule so fixed, shall not govern or affect the rate or rates of any other railroad company; and, provided further, that such rate or rates, in such schedule so fixed, shall not exceed the rate or rates now allowed to be charged by law. Power of railroad commission to fix rates, see sec. 4555. 3581. Penalties for violation - Amount of damages, how recoveredPenalty-Actions for-Procedure-Witnesses-Immunity. SEC. 7. Each and every act, matter, or thing in this act declared to be unlawful, is hereby prohibited, and in case any person or persons, as defined in this act, engaged as aforesaid, shall do, suffer or permit to be done, any act, matter, or thing, in this act prohibited or forbidden, or shall omit to do any act, matter, or thing, in this act required to be done, or shall be guilty of any violation of the provisions of this act, such person or persons shall forfeit and pay to the person or persons who may sustain damages thereby, a sum equal to three times the amount of damages so sustained, to be recovered by the person or persons so damaged, by suit in any district court of the State of Nevada where the person or persons causing such damage can be found, or may have an agent, office or place of business; and the person or persons so offending shall for each offense forfeit and pay a penalty of not less than two thousand dollars, to be recovered by the State of Nevada, by action in any district court in the State of Nevada aforesaid, one-half of such penalty or penalties, when collected, to be paid to the informer. Any action to be brought as aforesaid, to recover any such penalty or damages, may be considered, and if so brought, shall be regarded as a subject of equity jurisdiction and discovery, and affirmative relief may be sought and obtained therein. In any such action, so brought as a case of equitable cognizance, preliminary or final injunctions may, without allegation or proof of damage to any plaintiff or complainant, be granted upon proper application, restraining, forbidding and prohibiting the commission or continuance of any acts, matters, or things, within the terms or purview of this act prohibited or forbidden. In any action aforesaid, and upon any application for any injunction above provided for, any director, officer, receiver or trustee of any corporation or company aforesaid, or any receiver, trustee or person aforesaid, or any of them alone, or with any agent of any such corporation or company, receiver, trustee or person aforesaid, or any other person or persons, party or parties, may and shall be compelled to attend, appear and testify and give evidence; and no claim that such testimony or evidence might, or might tend to, criminate the person testifying or giving evidence, shall be of any avail; but such evidence or testimony shall not be used as against such person on the trial of any indictment against him. The attendance and appearance of any of the persons who, as aforesaid, may be compelled to appear and testify, and the giving of the testimony or evidence by the same respectively, and the production of books and papers thereby may and shall be compelled, the same as in the case of any other witnesses; and in case any such deposition or evidence, or the production of any books or papers, may be desired or required for the purpose of applying for or sustaining any injunction aforesaid, the same, and the production of books and papers, may and shall be had, taken and compelled by or before any clerk of the district court in any of the judicial districts in the State of Nevada, or in any manner provided for or to be provided for, as to the taking of other depositions or evidence, or the attendance of witnesses, or the production of other books or papers in or by the statutes of Nevada. In actions to be brought as aforesaid, damages sustained in the period of a month or part of a month, may be regarded as and counted or declared upon or complained of generally, and as one separate cause of action; and so, whether such damages be sustained in one month or in different months; and such separate causes of action may be joined in the same action. No action aforesaid shall be sustained unless brought within one year after the cause of action shall accrue. All penalties payable into school fund, sec. 355. 3582. Acts of unlawful omission and commission-Who liable-Penalty. SEC. 8. Any director or officer of any corporation or company acting or engaged as aforesaid, or any receiver or trustee, lessee or person acting or engaged as aforesaid, or any agent of any such corporation or company, receiver, trustee, or person aforesaid, or of any of them alone, or with any other corporation, company, person, or party, who shall directly or indirectly do, or cause, or willingly suffer or permit to be done, any act, matter or thing in this act prohibited or forbidden, or directly or indirectly aid or abet therein, or |