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books and papers, and punish for contempt, in the same manner and to the same extent as justices of the peace. 64 V. III, S 5; 70 v. 276, $ 3; S. & S. 76.

$ 259. Penalty for officer, agent, or employe of railroad to

refuse to answer questionAn officer, agent, or employe of any railroad company who refuses to answer any question propounded to him by the commissioner in the course of any examination authorized by this chapter, shall be fined in any sum not less than fifty dollars nor more than five hundred dollars; and the property of the railroad company of which he is an officer, agent, or employe, is liable to be taken in execution to satisfy the fines and costs in such cases. 70 v. 76, $ 3.

$ 260. Statement required to be made by railroad com

paniesThe secretary of each railroad company, and of each telegraph company, now doing business, or whose line is in process of construction, or which may be hereafter organized in this state, shall, within thirty days after the election of the directors of such company, make out and forward to the commissioner of railroads and telegraphs a list of the officers and directors of their respective companies, giving the place of residence and post-office address of each; and thereafter, if any change occurs in the organization of the officers or board of directors of the company, shall notify the commissioner of railroads and telegraphs of the fact of such change, and the residence and postoffice address of each of the officers and directors. 70 v. 155, $ 1.

$ 261. Penalty for failure to comply

For a failure to comply with the provisions of the preceding section, any company so neglecting for thirty days after the time herein provided, shall be subject to the same penalties as attach for neglecting or refusing to make the required annual report to the commissioner of railroads and telegraphs. 70 v. 155, $ 2.

§ 262. Prosecutions

All prosecutions against railroad or telegraph companies, or any officer, agent, or employe thereof, for forfeitures, penalties or fines, without imprisonment, provided for in this chapter, and other sections of the statutes and laws of Ohio, if not otherwise specifically stated, shall be by civil action in the name of the state; and all prosecutions for penalties involving imprisonment shall be by indictment. Do O. L. 299.

$ 263.

Civil actionsThe civil action provided for in the next preceding section shall be brought by the prosecuting attorney of the proper county at the instance of said commissioner of railroads and telegraphs; and in case said commissioner fail to so instruct the said prosecuting attorney of the proper county, upon the written request of any taxpayer of the county to commence civil action provided for in the next preceding section, said prosecuting attorney shall do so, provided he is furnished with evidence which in his judgment will probably sustain such action, and if the action fail the costs in such case shall be adjudged against the county, except in such cases as hereinafter provided; provided, further, that where cause of civil action arises, as provided for in the next preceding section, within the boundary lines of any municipality, in addition to the provisions already provided for in this section for instituting prosecutions of civil action, the city solicitor of any municipality shall, when required so to do by resolution of the council adopted by a majority of the quorum, institute such proceedings and prosecute them to final judgment. When such action is so brought by a municipality and fails on final judgment in the supreme court, the cost thereof shall be adjudged against such municipality, and time for notice of appeal and giving of bond shall not apply to cases within the meaning of this act. 90 0. L. 299.

§ 264. Annual report to be made by the commissioner,

and what to containThe commissioner shall make to the governor, on or before the first day of January, of each year, a report of the affairs and condition of all the railroad and telegraph companies having lines in this state, and also of accidents on railroads resulting in injuries to persons, and the circumstances and cause thereof; and he shall include in his report such other information and such suggestions and recommendations as, in his opinion, are of importance to the state. 74 v. 33, S 12.

$ 265. Moneys collected shall be paid into the state

treasury-Fees of prosecuting attorneysAll money arising from suits in the name of the state, or prosecutions against railroad companies or against any of their officers, or employes, for violation of any of the provisions of law relating to railroads, shall be paid into the state treasury; but prosecuting attorneys shall, for any moneys collected therein by them, be allowed ten per centum thereof for their services. 64 v. III, $ 7; S. & S. 77.

RAILROAD COMPANIES.

SECTION

Powers. 3270. May contract and maintain a railroad,

etc., and where. 3271. How terminus fixed in certain case. 3272. How line or termini may be changed. 3273. Change to be certified to secretary of

state.

3274. Mortgage covers line as changed.
3275. When and how route may be changed.
3276. Company liable for damages, and cer-

tain subscriptions canceled.
3277. May change location or grade, when.
3278. When land may be appropriated to

make such change. 3279. Certain companies may extend road

into other state. 3280. May construct branch roads. 3281. May enter upon and appropriate land

for certain purposes. 3282. What lands a company may acquire. 3283. How right to occupy road, street, al

ley, etc., may be acquired. 3284. May divert road or stream when nec

essary. 3285. May construct its bridges as toll

bridges; tolls thereon. 3286. May issue bonds for certain purposes,

and secure same by mortgage. 3286-1. Bonds of narrow gauge railroad. 3287. May borrow money, and secure the

same by pledge of its property. 3288. How mortgage or pledge may be made. 3289. Where such mortgage to be recorded. 3290. How directors to dispose of securities. 3291. Directors may open transfer books in

other states 3292. When directors may elect a vice-presi

dent. 3293

When directors may elect a treasurer. 3294 Number of directors may be increased

or diminished.

SecTiON
3295. Directors may be classified at stock-

holders' meeting.
3296. May be classified at annual elections.
3297. Further application of two preceding

sections. 3298. Subscriptions payable on completion of

road authorized. 3299. Certain property of certain companies

exempt from execution. 3300. When a company may aid another, or

lease its road. 3301. Two-thirds of stockholders of com

pany must assent to proceedings

under sec. 3300. 3302,

How a dissenting stockholder may sell

his stock. 3303 When the court may appoint arbi

trators. 3304. Notice of application therefor-how

given. 3305. A lease without security void. 3306. How an extension of a line authorized. 3307

For what purposes capital stock may

be increased.
3308. Proceedings to increase stock.
3309.

Common or "preferred" stock is

sued; sale thereof.
3309a. May borrow money or issue securi-

ties.
330gb. Classification of capital stock.
3310.

Facts to be certified to the secretary of

state.

3310-1. Electricity as motive power.

Regulations. 3311. Must establish a principal office. 3312. Record to be kept at offices open to in

spection. 3313. Securities sold to directors under par,

void.

re

SECTION
3337-10. Ordinance for improvement

quired. 3337-11. Purchase or appropriation of land. 3337-12. Apportionment of cost, 3337-13. Repairs. 3337-14. Bonds and tax. 3337-15. Claims for damages. 3337-16. Enforcement of agreement by com

pany. 3337-17. Crossing county line. 3337-18. Required height of bridges, etc.,

over tracks. 3337-19. Enforcement of preceding sections. 3338. Whole track to be of uniform gauge. 3339

When tracks must be used in common. 3340. When connections may be made. 3341. When companies must transport cars

of other companies. 3342. Ways for water must be provided. 3343. Proceedings to enforce preceding sec

tion. 3344. When the probate judge may let the

work. 3345

Sale of the work, and proceedings

thereon. 3346. Fees of officers in such cases. 3347

Movable bridge between passenger

cars required. 3348. Penalties for violation of preceding

section. 3349. When two preceding sections do not

apply. 3350. Commissioner of railroads must

en

3328.

SECTION
3314 When directors are personally liable to

stockholders.
3315. Certain persons ineligible to office or

appointment. 3316. Acts of such persons void, and pen

alties. 3317. Authority obtained to bridge canals

and navigable waters. 3318. Certain bridge established. 3319. Attorney-general to enforce section

three thousand three hundred and

seventeen, 3320. Passenger trains must stop at certain

stations. 3321. Land covered by right of way not to

be taxed to owner. 3321-1. Schedule of time of trains required. 3321-2. Penalty. 3322.

When release of right of way papers

to be recorded 3323 Must erect sign-boards at road cross

ings. 3324. Must construct and maintain fences,

crossings and cattle-guards. 3325. When land-owner may construct fence

at company's expense. 3326. Company to keep fence in repair. 3327. When private crossings must be built.

When land-owner may build at com

pany's expense. 3329. When five preceding sections do not

apply. 3330. When company may build fence at

land-owner's expense. 3331. Penalties for not constructing and re

pairing fences, etc. 3332 Right of land-owner to use culvert,

etc., for cattle-way. 3333 Railroad crossings-how to be made. 3334

Rules to be made and published. 3335.

Penalties for violations of section three

thousand three hundred and thirty

three. 3336. Signals at road-crossings. 3337. Penalties for violations of preceding

section. 3337-1. Bridges over railroad crossings, 3337-2. Council may prohibit switching, etc. 3337-3 When companies must build and

maintain crossings, etc. 3337-4. Service of notice. 3337-5

When crossings, etc., must be com

pleted. 3337-6. Crossings must be kept clear of

snow. 3337-7. Penalties.

Manner of altering or abolishing

crossings. 3337-9. Resolution pertaining to same.

force certain sections. 3351. Heating apparatus described. 3352. Repealed. 3353 How passenger cars to be lighted. 3354. Penalties for violation of certain sec

tions. 3354-1. Regulating distance from platform

to step 3354-2. Equipment of passenger trains with

fire extinguishers. 3354-3. Requirements of extinguishers. 3354-4. Location of extinguishers. 3354-5. Steam railroad company to maintain

telegraph line.

Enforcement of preceding section. 3355.

When and how freight-ways may be

constructed 3356. When plan of freight-way must be ap

proved by commissioner. 3357

How railroad scrap metal shall be

sold.

Penalties for violation of last section. 3359. What is the evidence of title to such

scrap. 3360. When a mixture of such scrap deemed

a confusion of goods.

3354-6.

3358.

3337-8.

SECTION 3361. Company may replevy scrap; pro

ceedings in the action. 3362. Penalties for obstructing the laying of

a track. 3363. When and how a company may dis

solve. 3.364. When companies must cross streams

on the same bridge. 3365. Proceedings to appropriate joint use of

bridge. 3365-1. Spark arresters required on locomo.

tives. 3355-2. Penalty for failure to provide same. 3365-3. Right of way free from combustibles. 3365-4. Abutting owner may remove com

bustibles. 3365-5. Liability for loss by fire. 3365-6. Evidence of negligence. 3365-7. Attorney's fee in litigation. 3365-8. Section 3365-6 applies to pending ac

tions. 3365-9. Employment of color-blind persons

forbidden 3365-10. Penalty. 3365-11. Qualifications of conductors, en.

gineers and flagmen. 3365-12. Penalty. 3365-13. Commissioner to enforce act. 3365-14. Hours of employes limited. 3365-15. Penalty. 3365-16. Commissioner to enforce act. 3365-17. Engineers addicted to drink no: to

be employed. 3365-18. Blocking of frogs, etc., required. 3365-19. Penalty. 3365-20. Certain rules and contracts forbid

den, etc. 3365-21. Use of defective machinery prima

facie evidence of negligence. 3365-22. Superior officer and fellow servant

defined. 3365-23. Automatic couplers and air-brakes. 3365-23a Semi-annual reports required. 3365-26. Immediate report required. 3365-27. Penalty. 3365-28. Construction of overhead wires. 3365-29. Duty and power of commissioner.

SECTION 3372.

Not to discriminate between way and

through freight. 3373 Nor against points in the state. 3373-1. Equal facilities to be furnished ship

pers. 3373-2. Telegraph message to be sent for

passenger delayed by accident or

collision. 3374. Rates of passenger fare prescribed. 3375

Rates of freight prescribed. 3375a. Physicians may ride on freight trains

in certain cases. 3376. Penalties for violation of two preceding

sections. 3377 When the three preceding sections do

not apply. 3378. Rates of fare and freight on branch

roads. 3378a. When contracts for sale of railroad

property invalid. 3378b. Conditional sale under lease title

pending payment. 3378c, Filing contract with secretary of state. 3378d. Application of sections 3378a, b, c,

and d. 3378-1. R. R. companies may issue storage

or warehouse receipts. 3378-2.

Bicycles defined as baggage. 3378-3. R. R. companies required to furnish

bills of lading 3378-4. Penalty

Consolidation. 3379. When companies whose roads are in

the state may consolidate. 3380. When company may consolidate with

foreign company. 3381. Proceedings to effect consolidation.

Acts to cure defects in consolida

tion agreements. 3382. Effect of the agreement to consolidate. 3382-1. To cure defects in consolidation

agreements. 3382-2. Other defects cured in consolidation

agreements. 3382-3. Other defects cured in consolidation

agreements. 3383. Election of directors of new company. 3384. Property of the old companies vests in

the new 3384a. New company may dispose of stocks

and bonds of old companies. 3384b. New company may issue stock in lieu

of purchase-money, and acquire

franchises, etc., of old companies. 3385. Principal office to be established. 3386. Actions against new company. 3387. Taxation of road partly in this state. 3388. Stockholder refusing to consolidate,

must arbitrate.

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