Chap. 90.— An ACT to regulate Express transportation over the Rail-
roads of the Commonwealth,

Passed April 24, 1867.

1. Be it enacted by the general assembly, That it shell be
lawful for any railroad company in this Commonwealth to
transport or carry, by or upon the passenger trains of such
railroad company, upon its own account, oF In conjunction
with any other railroad or steamboat company, and tor aamate
of compensation exceeding that charged by saicl radroad
company upon its regular freight trains, any articles or
things: provided the amount of such articles or things to be
so transported or conveyed, at any one time, or by any one
of such passenger trains, shall not exceed fifteen “thonsand
pounds in weight; and whenever any such articles or things
are offered by any person or persons, or any corporation,
company or association, to be so transported or conveyed,
and the amount so offered to be transported or conveyed by
any one train shall exceed fifteen thousand pounds in weight,
said railroad company shall convey said articles and things in
ratable proportions as to the whole amount so offered to be
transported or conveyed by all said persons, corporations,
companies and associations. For transporting or conveying
such articles or things, such railroad company may demand
and receive a rate of compensation for such service not ex-
ceeding one dollar and forty cents for every dollar charged
by such company, at the time, for transporting or conveying
alike amount of similar articles or things, by and upon the
recular freight trains of such company; except that for pack-
ages weighing less than tive pounds, such company may
char ve twenty cents forall distances; and for packages weigh-
ing more than five and less than fifty pounds, may charge
fitty cents for all distances in this state; and for transporting
or conveying by or upon said passenger trains, coin, bullion,
bank notes, bills of exchange, promissory notes, or other evi-
dences of debt, may demand and receive a rate of compensa-
tion for such service, not exceeding one-tenth of one per
centum of the value of the same for every hundred miles, and
ratably for a longer or shorter distance. Any corporation,
company, association, or person or persons, who shall obtain
from a railroad company in this commonwealth the right or
privilege of transporting or carrying ary articles or things
by or upon the trains of such railroad company, tor the pur-
pose of receiving compensation for the same, may demand
and receive tor the service so rendered in transporting or
carrying such articles or things, a rate of compensationnot
exceeding one dollar and fifty cents for every dollar charged
by such railroad company at the time for transporting or
carrying alike amount of similar articles or things by the
recular freight trains of such railroad company, except that
for transporting or earrying packages weighing less than five
pounds, the rate of compensation ghall not exceed twenty-
tive cents for any distance within this state, and for packages
weighing more than five and less than fitty pounds, the rate
of compensation shall not exceed fifty cents for all distances
within the state; and for coin, bullion, bank notes, bills of
exchange, promissory notes and other evidences of debt, the
same rate of compensation allowed by this section to railroad
and steamboat companies; but nothing herein contained,
shall be so construed as to permit any railroad or steamboat
company, or any Corporation, Company, association, or per-
son or persons, for any service rendered or performed by
such railroad or steamboat company, or such corporation,
company, association, or person or persons, to demand or re-
ceive any additional compensation for such service, or for
receiving or delivering such articles or things, or as a pre-
mium tor insuring the same against loss or damage from any
cause, or tor any other consideration whatever.

~. Be it further enacted, That if any company, corpora-
tion or association, not incorporated by or formed in this
state, or any person or persons, not a resident or residents of
shis state, shall obtain from a railroad company of this com-
monwealth the right or privilege to transport or convey any
articles or things by or upon the trains of such railroad com-
pany, for the purpose of receiving compensation for the same,
such corporation, company, association, or person or persons,
shall not be permitted to transport or convey such articleg or
things, by or upon such trains, without having first deposited
with the treasurer of the commonwealth an amount not less
than fifty thousand dollars of the six’ per centum bonds of
the state of Virginia, or other bonds of public corporations,
yuaranteed by the state of Virginia, or bonds of individuals
resident of this state, executed for money loaned or debts
contracted since the second day of April, eighteen hundred
and sixty-five, and secured by deed of trust on real estate in
this state. If the bonds deposited with the treasurer, as
aforesaid, are registered or individual bonds, the corporation,
company, association, or person or persons, so depositing the
same, shall, at the time of the deposit, deliver to the treasurer
a power of attorney, authorizing him to transfer the said
bonds, or any part of them, for the purpose of paying any of
the liabilities provided for in this act. The treasurer, at the
time of, receiving said bonds, shall vive to the depositor or
depositors authority to draw the interest thereof, as the
same may become due and payable, which authority shall
continue in force until said depositor or depositors shall fail
to pay any of the habilities of the said depositor or deposi-
tors, incurred in transporting or conveying articles or things,
as aforesaid, for any citizen or inhabitant of this state, in
which case the party charged with the payment of such in-
terest shall be forthwith notified of such failure, and there-
after such interest shall be payable to the said treasurer, to
be applied, if necessary, to the payment of such liabilities.
If any depositor or depositors of the said bonds shall fail to
pay any of said liabilities to any citizen or resident of this
State, when the same shall have been ascertained in any mode
agreed upon by the parties, or by the judgment, decree or
order of a-court having jurisdiction thereof, the treasurer
shall, upon the application of the party to whom the liability
is due, proceed to sell at auction such an amount of said
bonds as, with the interest in his hands, will pay the amount
due and the expenses of sale: provided, that the party
making the application shall give to the said depositor or de-
positors, or his or their agent, residing in this state, ten days’
notice of his intention to make such application. If any cor-
poration, company, association, or person or persons, having
deposited bonds. as aforesaid, with the treasurer of this state,
aud shall cease to carry on the business of transporting and
conveying articles or things in and upon the trains of the
railroad companics, and shall have satistied all liabilities, fixed
and contingent, incurred in such business, to the citizens and
Inhabitants of ‘this state, then the said treasurer shall deliver
to said corporation, coinpany, association, or person or per-
80ns, the bonds deposited by them, respectively, as aforesaid.
Nothing herein contained shall be so construed as to require
any additional deposit with the treasurer of the state, when
such right or privilege as is herein provided for shall be ob-
tained from more. than one railroad company of the eom-
monwealth.

3. Be it further enacted, That whenever any corporation,
Company, association or person or persons, shall obtain from
a railroad company of this commonwealth the right or privi-
lege of transporting or carrying articles or things by or upon
the trains of such railroad company, for the purpose of re-
ceiving Compensation for the same, and any person or persons
whatever shall deliver to such corporation, company, associa-
tion, or person or persons, or to their agents or employees,
any articles or things whatever, to be transported or con-
veyed under the management, supervision or direction of the
said corporation, company, association, or person or persons,
or their agents or employees, by or upon the trains of such
railroad company, such ravroad company shall not, in any
manner, be hable as a common carrier, in respect to such
articles: or things.

4. Be it further enacted. That nothing contained in this
act shall be so construed as to permit. any railroad company
of this commonwealth, by contract or otherwise, to rent, let
or farm out, any manner whatever, any part of its tonn: ive
business by trejeht trains; but ev ery such company shall
remain as fully and firmly bonnd to transport and carry all
descriptions of freight offered for transportation by freight
trains, and under the provisions of the laws of this state and
the terms of their charters, as though this act had not been
passed.

® Beit further enacted, That whenever any corporation,
assouiution, co-partnership, or person or persons, shall obtain
from a railroad company of the eemmonwealth the right or
privilege of transporting, carrying or conveying, in or upon
any train or trains running upon or over the railroad of such
company, any articles or things, for the purpose of receiving
compensation tor the same, and said corporation, association,
co-partnership, or persons or persons, shall receive any articles
or things ata place without the limits of the commonwealth.
to be transported, carried or conveyed to a place within said
limits, or shall receive said articles and things at a place
within the limits of the commonwealth, to be transported,
carried or conveyed toa piace without said limits, the amount
oF compensation demanded by such corporation, association,
CO. partnership, or person or [petieis shall be regarded as a
uniform rate of charge per pound and per package per mile,
for and throughout the whole distance within and without
the limits of the commonwealth, for which sald articles or
things were so transported, earricd or conveyed, unless it
should otherwise appear by snilicient evidence, «

6. Be it further enacted, That any corporation, railroad ot
steamboat company, or any association or co-partnership, or
any avent or employee of such cor poration, association or
co-partnership, or any other person or persons, who shall vio-
late any of the provisions of this act, shall forfeit and pay
not less than one hundred dollars—one-half for the use of
the informer and, the other half for the use of the common-
wealth—to be recovered by motion in any court of record,
after ten days’ notice that such motion will be made.

7. This act shall be in force from and after the first day of
June, cightcen hundred and sixty-seven.