Chap. 495.—An ACT requiring railroad companics to transport live stock on their
main and branch lines and providing a remedy and penalty for the refusal of
any such company to receive, transport or deliver such live stock.

Approved February 24. 1898.

1. Be it enacted by the general assembly of Virginia, That every rail-
road company, upon the payment or tender of the lawful rates of toll,
shall receive, transport to and deliver at the termini of its main and
branch lines and at every station, depot or other stopping place where
it has a freight depot on its main or branch lines, all live stock that shall
be delivered or offered in proper condition to be transported at or for
the termini of its main or branch lines and at or for any depot or other
receiving place, and shall likewise receive, transport to and deliver at the
termini of its main or branch lines and at any such station, depot or
other stopping place, all live stock which may be delivered or offered to
it for such purpose by any other railroad company, and every railroad
company shall at such termini, stations, depots or other stopping place
hereinbefore described, provide all necessary facilities for receiving, load-
ing or unloading said live stock.

2. Any railroad company violating the provisions of section one cf
this act, shall forfeit to the consignor or consignee, or other injured party,
a sum to be recovered by motion or action, of not less than fifty dollars,
nor more than two hundred dollars in addition to the actual damages
sustained for each such refusal so to receive, transport or deliver, and
the refusal to receive, transport or deliver each separate consignment shall
be deemed a separate offence under this act: provided. that at stations
where there are no ‘‘ facilities for receiving and delivering live stock and
here the railroad company is required by section one of this act to re-
‘elve live stock,’’ thirty days’ notice shall be given before any stock is
‘endered for shipment in order to give time to the railway company to
provide suitable facilities for handling the stock.

3. Any person, firm or corporation aggrieved by the neglect or refusal
of any railroad company to comp! y with the provisions of section one
of this act may seek relief by bill in equity, and may apply to the cir-
cult or corporation court of the county or corporation wherein the cause
of complaint arose or to the judge thereof in vacation for an injunction,
and if it appear by affidavit or otherwise, to the satisfaction of the
court or the judge applied to, that such grievance exists, the said court
or Judge shall grant a temporar y injunction restraining said company
or carrier from further violating the provisions of this act until the
further order of the court, and enjoining obedience to the provisions of
section one of this act. The said suit shall proceed as other suits in
chancery; but no injunction shall be granted without first giving to the
railroad company defendant at least five days’ notice of the time and
place for the application for said injunction, which notice may be
served upon any oflicer, director or agent of said company, or upon its
attorney. Said injunction shall not take effect until the bond required
by section thirty- four hundred and forty-two of the code of Virginia
has been given.

4. This act shall be in force from its passage.