tend and apply to any railroad, the branches thereof, and any road or roads which any railroad corporation has the right, license or permission to use, operate or control wholly or in part, within this state: Provided, however, that nothing herein contained shall be so construed as to prevent railroad corporations from issuing commutatation, excursion or thousand-mile tickets, as the same are now issued by such corporations. [R. S. 1874, ch. 114, § 88, p. 817.

106. [PENALTIES.] § 4. Any such railroad corporation guilty of extortion, or of making any unjust discrimination as to passenger or freight rates, or the rates for the use and transportation of railroad cars, or in receiving, handling or delivering freights, shall, upon conviction thereof, be fined in any sum not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000), for the first offense; and for the second offense not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), and for the third offense not less than ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000); and for every subsequent offense and conviction thereof, shall be liable to a fine of twenty-five thousand dollars ($25,000): Provided, that in all cases under this act either party shall have the right of trial by jury. [R. S. 1874, ch. 114 $89, p. 818.

107. [PROCEEDINGS TO RECOVER FINE.] § 5. The fines hereinbefore provided for may be recovered in an action of debt, in the name of the people of the state of Illinois, and there may be several counts joined in the same declaration as to extortion and unjust discrimination, and as to passenger and freight rates, and rates for the use and transportation of railroad cars, and for receiving, handling and delivering freights. If, upon the trial of any cause instituted under this act, the jury shall find for the people, they shall assess and return with their verdict the amount of the fine to be imposed upon the defendant, at any sum not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and the court shall render judgment accordingly; and if the jury shall find for the people, and that the defendant has been once before convicted of a violation of the provisions of this act, they shall return such finding with their verdict, and shall assess and return with their verdict the amount of the fine to be imposed upon the defendant, at any sum not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), and the court shall render judgment accordingly; and if the jury shall find for the people, and that the defendant has been twice before convicted of a violation of the provisions of this act, with respect to extortion or unjust discrimination, they shall return such finding with their verdict, and shall assess and return with their verdict the amount of the fine to be imposed upon the defendant, at any sum not less than ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000); and in like manner, for every subsequent offense and conviction, such defendant shall be liable to a fine of twenty-five thousand dollars ($25,000): Provided, that in all cases under the provisions of this act, a preponderance of evidence in favor of the people shall be sufficient to authorize a verdict and judgment for the people. [R. S. 1874, ch. 114, § 90, p. 818.

108. [DAMAGES.] § 6. If any such railroad corporation shall, in violation of any of the provisions of this act, ask, demand, charge or receive of any person or corporation any extortionate charge or charges for the transportation of any passengers, goods, merchandise or property, or for receiving, handling or delivering freights, or shall make any unjust discrimination against any person or corporation in its charges therefor, the person or corporation so offended against may, for each offense, recover of such railroad corporation, in any form of action, three times the amount of the damages sustained by the party aggrieved, together with cost of suit and a reasonable attorney's fee, to be fixed by the court where the same is heard, on appeal or otherwise, and taxed as a part of the costs of the case. [R. S. 1874, ch. 114, § 91, p. 818.

109. [DUTIES OF RAILROAD AND WAREHOUSE COMMISSIONERS.] § 7. It shall be the duty of the railroad and warehouse commissioners to personally investigate and ascertain whether the provisions of this act are violated by any railroad corporation in this state, and to visit the various stations on the line of each railroad for that purpose, as often as practicable; and whenever the facts, in any manner ascertained by said commissioners, shall in their judgment warrant such prosecution, it shall be the duty of said commissioners to immediately cause suits to be commenced and prosecuted against any railroad corporation which may violate the provisions of this act. Such suits and prosecutions may be instituted in any county in this state through or into which the line of the railroad corporation sued for violating this act may extend. And such railroad and warehouse commissioners are hereby authorized, when the facts of the case presented to them shall, in their judgment, warrant the commencement of such action, to employ counsel to assist the attorney general in conducting such suit on behalf of the state. No such suits commenced by said commissioners shall be dismissed, except said railroad and warehouse commissioners and the attorney general shall consent thereto. [R. S. 1874, ch. 114, § 92, p. 819.

110 [SCHEDULES] 8. The railroad and warehouse commissioners are hereby directed to make, for each of the railroad corporations doing business in this state, as soon as practicable, a schedule of reasonable maximum rates of charges for the transportation of passengers and freights and cars on each of said railroads; and said schedule shall, in all suits brought against any such railroad corporations, wherein is in any way involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, be deemed and taken in all courts of this state as prima facie evidence that the rates therein fixed are reasonable maximum rates of charges for the transportation of passengers and freights and cars upon the railroads for which said schedules may have been respectively prepared. Said commissioners shall from time to time, and as often as circumstances may require, change and revise said schedules. When any schedule shall have been made or revised, as aforesaid, it shall be the duty of said commissioners to cause publication thereof to be made for three successive weeks, in some public newspaper published in the city of Springfield, in this state. All such schedules, heretofore or hereafter made, purporting to be printed and published as aforesaid, shall be received and held in

all such suits as prima facie the schedules of said commissioners, without further proof than the production of the schedule desired to be used as evidence, with a certificate of the railroad and warehouse commissioners that the same is a true copy of the schedule prepared by them for the railroad company or corporation therein named, and that the same has been published as required by law, stating the name of the paper in which the same was published, together with the date of such publication. [R. S. 1874, ch. 114, § 93, p. 819.

111. [EVIDENCE-FINES-PRACTICE.] § 10. In all cases under the provisions of this act, the rules of evidence shall be the same as in other civil actions, except as herein before otherwise provided. All fines recovered under the provisions of this act shall be paid into the county treasury of the county in which the suit is tried, by the person collecting the same, in the manner now provided by law, to be used for county purposes. The remedies hereby given 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. Suits commenced under the provisions of this act shall have precedence over all other business, except criminal business. [R. S. 1874, ch. 114, § 94, p. 819.

112. [CORPORATION DEFINED.] § 11. The term “railroad corporation," 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 railways in this state (street railways excepted), the same as to railroad corporations herein before mentioned. [R. S. 1874, ch. 114, § 95, p. 819.

AN ACT to protect contractors, sub-contractors and laborers in their claims against railroad companies, or corporations, contractors or sub-contractors. In force July 1, 1872. 113. [FUEL, TIES, ETC.] § 1. That all persons who may have furnished, or who shall hereafter furnish to any railroad corporation now existing, or hereafter to be organized under the laws of this state, any fuel, ties, material, supplies, or any other article or thing necessary for the construction, maintenance, operation or repair of such roads, by contract with said corporation, or who shall have done and performed, or shall hereafter do and perform any work or labor for such construction, maintenance, operation or repair by like contract, shall be entitled to be paid for the same as part of the current expenses of said road; and in order to secure the same, shall have a lien upon all the property, real, personal and mixed, of said railroad corporation as against such railroad, and as against all mortgages or other liens which shall accrue after the commencement of the delivery of said articles, or the commencement of said work or labor: Provided, suit shall be commenced within six months after such contractor or laborer shall

have completed his contract with said railroad corporation, or after such labor shall have been performed or material furnished. [R. S. 1874, ch. 82, § 51, p. 671.

114. [SUB-CONTRACTOR, LABORER, ETC. § 2. Every person who shall hereafter, as sub-contractor, material man, or laborer, furnish to any contractor with any such railroad corporation any fuel, ties, materials, supplies, or any other article or thing, or who shall do and perform any work or labor for such contractor in conformity with any terms of any contract, express or implied, which such contractor may have made with any such railroad corporation, shall have a lien upon all the property, real, personal and mixed, of said railroad corporation: Provided, such sub-contractor, material man or laborer shall have complied with the provisions of this act; but the aggregate of all liens hereby authorized shall not, in any case, exceed the price agreed upon in the original contract to be paid by such corporation to the original contractor: And, provided, further, that no such lien shall take priority over any existing lien. [R. S. 1874, ch. 82, § 52, p. 671.

115. [NOTICE OF CLAIM OF LIEN.] § 3. The person performing such labor, or furnishing such material, shall cause a notice, in writing, to be served on the president or secretary of such railroad corporation, substantially as follows, viz:

: You are

..as a laborer (or have furand that I shall hold all the

To. ., president, (or secretary, as the case may be) of the... herby notified that I am (or have been) employed by.. nished supplies, as the case may be) on or for the.. property of said railroad (or railway, as the case may be)

company to secure my pay.

If there shall be a contract in writing between the original contractor and sub-contractor, material man or laborer, a copy of such contract, if the same can be obtained, shall be served with such notice and attached thereto, which notice shall be served at any time within twenty days after the completion of such sub-contract, or such labor: Provided, that no lien shall attach in favor of any person performing such labor or furnishing material until such notice shall have been served as above, or filed for record as hereinafter provided. [R. S. 1874, ch. 82, § 53. p. 672.

116. [MANNER OF NOTICE.] § 4. If neither the president or the secretary of such railroad corporation shall reside or can be found in the county in which the sub-contract was made, or labor performed, the laborer, or person furnishing labor or material, shall file said notice in the office of the clerk of the circuit court; and the clerk of the circuit court shall file and keep a record of said notice, and cause a copy of the same to be mailed to the president or secretary of said company, for which he shall receive the sum of twenty-five cents, and said clerk shall keep a list of the names of the persons so claiming lien, and the names of the corporations against which such liens are claimed. [R. S. 1874, ch. 82, 54, p. 672.

117. [SUIT, TRANSCRIPT.] $5. If the money due the person having given notice as aforesaid, shall not be paid within ten days after the money shall become due and payable, then such person may commence suit therefor, in any court having jurisdiction of the amount claimed to be due, against the corporation with which the original contract was made; or he may commence suit, as aforesaid, against

such railroad, corporation and original contractor jointly, and execution to issue as in other cases. If execution, issued on judgment obtained before a justice of the peace, shall be returned not satisfied, a transcript of such judgment may be taken to the circuit court, and spread upon the records thereof, and shall have all the force and effect of judgments obtained in the circuit court, and execution issued thereon as in other cases. [R. S. 1874, ch. 82, § 55, p. 672.

118. [ATTORNEY'S FEES.] 86. Whenever any suit, so brought, shall be determined in favor of the plaintiff, the court shall allow, if before a justice, five dollars, if in a court of record, twenty dollars, attorney's fees to be taxed as costs. [R. S. 1874, ch. 82, § 56, p. 672.

119. [FAILURE OF ORIGINAL CONTRACTOR.] § 7. Should the original contractor in any case fail to complete his contract, any person entitled to a lien, as aforesaid, may file his petition in any court of record, in any county through which the road may be constructed, against the railroad corporation and the contractors, setting forth the nature of his claim, and the amount due as near as may be, [and] the fact that the contractor has failed to complete his contract. The clerk of said court shall thereupon cause a notice to be published for four successive weeks in a newspaper printed in the county, setting forth that said petition has been filed, and the time when the writ issued on the same shall have been made returnable, and all persons entitled to liens under this act may enter their appearance and interplead in said cause, and have their claims adjudicated; and it shall be the duty of the court, in case the petitioner or claimants, or either of them, establish their claims, to enter a decree against the said corporation and original contractor, for the amount to which the persons so establishing their claims are respectively entitled, and such decrees shall have the same force and effect as decrees in other cases. [R. S. 1874, ch. 82, § 57, p. 672.

120. [LIMITATION.] § 8. The lien hereby created shall continue for three months from the time of the performance of the sub-contract, or doing of the work or furnishing the material as aforesaid, except when suit shall be commenced by petition as aforesaid, and in such cases all liens shall be barred by decree entered in such cause. [R. S. 1874, ch. 82, § 58, p. 672.

ACT OF 1869.*

AN ACT to fund and provide for paying the railroad debts of counties, townships, cities and towns. In force April 16, 1869.

121. [STATE TAXES ON VALUATION ABOVE 1868 REFUNDED.] § 1. That whenever any county, township, incorporated city or town shall have created a debt which still remains unpaid, or shall

*The decision of the supreme court in Ramsey v. Hæger abrogates so much of this act as provides that the state tax on the increased valuation over 1868, and on the property of railroads aided, shall be placed to the credit of the local aid bonds, and applied by the state treasurer in the payment of said bonds. It does not affect the validity of the bonds, the right to register them, nor the levy and collection of the interest on registered bonds by state authority.