Sec. 850 (3768). Unreasonable rates.

If any railroad doing business in this state shall charge, collect, demand or receive more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight of any description, or for the use and transportation of any railroad car upon its track or any of the branches thereof, or upon any railroad in this state which has the right, license or permission to use, operate or control the same, it shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five hundred nor more than five thousand dollars.

1899, c. 164, s. 12.

Sec. 851 (3761). Passengers with second-class tickets riding in first class cars.

Any passenger purchasing or holding a second-class ticket, after being requested or directed by any conductor or other officer in charge of any train on any railroad or steamboat in this state, riding in any first-class coach or cabin, refuses to pay the difference between a first-class and a second-class fare or rate, or refuses to go into the second-class coach or cabin of any railroad or steamboat company, when there shall be a comfortable second-class coach or cabin in said train or on said steamboat, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. Any justice of the peace in the county where such offense is committed shall have jurisdiction of said offense, upon sworn complaint of any officer of such railroad or steamboat company.

1903, c. 795.

Sec. 852 (3762). Pooling freights.

If any person shall be concerned in pooling freights or shall directly or indirectly allow or accept rebates on freights he shali be guilty of a misdemeanor, and upon conviction shall be fined not less than one thousand dollars or imprisoned not less than twelve months.

Code, s. 1968; 1879, c. 237, s. 2.

Sec. 853 (3763). Shooting or throwing at cars.

If any person shall willfully and unlawfully cast, or throw, or shoot any stone, rock, bullet, shot, pellet, or other missile, at, against or into, any railroad car, locomotive or train, while the said car or locomotive shall be in progress from one station to another, or while the said car, locomotive or train shall be stopped for any purpose, the person so offending shall be guilty of a mis

demeanor, and punished by fine or imprisonment in the county jail or state's prison, at the discretion of the court.

Code, s. 1100; 1887, c. 19; 1876-7, c. 4.

INDICTMENT. An indictment which fails to charge that the train was in actual motion or stopped for any purpose, is fatally defective. Boyd, 86

634.

STATE NOT BOUND TO PROVE THAT PISTOL WAS LOADED.-It is not necessary for the state to prove that a pistol discharged at a moving train was loaded, but if this fact is relied on as a defense defendant must prove it. Hinson, 82-597.

EVIDENCE-PRESUMPTION-INTENT.-Where the evidence shows that defendant was helplessly drunk when he shot at the train, the question of intent is properly left to the jury, and it is for them to say whether the presumption which the law raises that every one intends to produce the consequences that result from his acts has been rebutted. Barbee, 92-820.

Sec. 854 (3756). Injuries to property.

If any person or persons shall willfully do or cause to be done any act or acts whatever whereby any building, construction or work of any railroad corporation, or any engine, machine or structure, or any matter or thing appertaining to the same shall be stopped, obstructed, impaired, weakened, injured or destroyed, he shall be guilty of a misdemeanor.

Code, s. 1974; 1871-2, c. 138, s. 39.

Sec. 855 (3757). Intoxicated person entering train.

If any intoxicated person, after being forbidden by the conductor, captain, or other person having charge of any railroad train, steamboat, or other conveyance for the use of the traveling public, shall enter such train boat or other conveyance, he shall for every violation of this section be guilty of a misdemeanor.

1885, c. 358, s. 3.

Sec. 856 (3758).

That any train dispatcher, telegraph operator, engineer, fireman, flagman, brakeman, switchman, conductor, motorman, or other employee of any steam, street, suburban or inter-urban railway company, who shall be intoxicated while engaged in running or operating, or assisting in running or operating, any railway train, shifting-engine, street or other electric car, shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, in the discretion of the court.

1907, c. 330.

Sec. 857 (3759). Malicious removal of waste or packing.

If any person shall willfully and maliciously take or remove the waste or packing from any journal box or boxes of any locomotive,

engine, tender, carriage, coach, car, caboose or truck used or operated upon any railroad, whether the same be operated by steam or electricity, he shall, upon conviction thereof, be fined or imprisoned in the jail or state's prison, in the discretion of the court.

1905, c. 335.

Sec. 858 (3760). Officers failing to turn over property to successors.

If the president and directors of the several railroads, and any person acting under them, shall, upon demand, fail or refuse to account with the president and directors elected or appointed to succeed them, and to transfer to them forthwith all the money, books, papers, choses in action, property and effects of every kind and description belonging to such company, they shall be guilty of a felony, and shall be punished by imprisonment in the state's prison for not less than one nor more than five years, and be fined at the discretion of the court. All persons conspiring with any such president, directors or their agents to defeat, delay or hinder the execution of this section shall be guilty of a misdemeanor, and punished in like manner. The governor is hereby authorized, at the request of the president, directors, and other officers of any railroad company, to make requisition upon the governor of any other state for the apprehension of any such president failing to comply with this section.

Code, ss. 2001, 2002; 1870-1, c. 72, ss. 1, 3.

Sec. 859 (3754). Injuring or obstructing.

If any person shall willfully and maliciously put or place any matter or thing upon, over or near any railroad track; or shall willfully and maliciously destroy, injure, or remove the road-bed, or any part thereof, or any rail, sill, or other part of the fixtures appurtenant to, or constituting or supporting any portion of the track of such railroad; or shall willfully and maliciously do any other thing with intent to obstruct, stop, hinder, delay, or displace the cars traveling on such road, or to stop, hinder or delay the passengers or others passing over the same; or shall willfully and maliciously injure the road-bed or the fixtures aforesaid, or any part thereof, with any other intent whatsoever, such person so offending shall be guilty of a misdemeanor, and fined not exceeding one thousand dollars nor less than two hundred dollars, and be imprisoned in the state's prison or county jail not less than four months nor more than ten years and shall be committed to jail till he find surety for his good behavior, for a space of time not less than three nor more than seven years. And if it shall hap

pen that by reason of the commission of the offenses aforesaid, or any of them, any engine or car shall be displaced from the track, or shall be stopped, hindered or delayed, so that any one thereby be instantly killed, or so wounded or hurt as to die therefrom in twelve calendar months thereafter, or shall thereby be maimed or be disabled in the use of any limb or member, then, and in every such case, the party so offending, his counselors, aiders and abettors, on conviction, shall suffer death, if the persons were killed, and shall be imprisoned in the state's prison not less than five nor more than sixty years, if the persons were maimed or disabled. And if any person shall maliciously destroy or injure any plank road, turnpike or canal, or any appurtenance or fixture belonging thereto, or used therewith, or shall maliciously destroy or injure any lock, dam or sluice, the same being a part of any work erected or made for the purpose of navigation, or improving the navigation of any water, the person so offending shall be guilty of a misdemeanor, and shall suffer the like punishment as in this section provided for maliciously injuring a railroad.

Code, s. 1098; R. C., c. 34, ss. 99, 100; 1838, c. 38; 1879, c. 255, s. 2.

Sec. 860 (3755). Injuries to, without malice.

If any person, unlawfully and on purpose, but without malice, shall commit any of the offenses mentioned in the preceding section, he shall be guilty of a misdemeanor. And if it shall happen that by reason of the commission of any such offense any person shall be instantly killed, or so wounded or hurt as to die therefrom in twelve calendar months thereafter, or shall thereby be maimed or disabled in the use of any limb or member, then, and in every such case, the party so offending, his counselors, aiders and abettors, shall be imprisoned not less than twelve months, and fined at the discretion of the court.

Code, s. 1099; R. C., c. 34, s. 101.

Sec. 861 (3751). Discrimination against connecting lines.

If any common carrier shall not afford all reasonable, proper and equal facilities for the interchange of traffic between their respective lines and for the forwarding and delivering of passengers and freights to and from their several lines and those connecting therewith, or shall discriminate in their rates and charges against such connecting lines, or if any connecting lines shall not make as close connection as practicable for the convenience of the traveling public, or shall not obey all rules and regulations made

by the corporation commission relating to trackage, it shall be punished by a fine of not less than five hundred dollars nor exceeding five thousand dollars for each and every offense.

1899, c. 164, s. 21.

Sec. 862 (3752). Entering cars after forbidden.

If any person shall enter into a railroad passenger car, or baggage car, or mail car, or caboose car, or upon the platforms of said cars after being forbidden so to do by the conductor or his assistants, or the baggage master or other person in charge of said cars, unless said persons enter said cars or on said platforms as a passenger, or in some official capacity authorized by law, or on business with a passenger or some official or employee of the railroad, or other like purpose, for every violation of this section the person so offending shall be guilty of a misdemeanor, and shall be fined not exceeding ten dollars.

Code, s. 1979; 1883, c. 351.

Sec. 863 (3753). Failure to construct cattle-guards and crossings.

If any incorporated company operating any railroad passing through and over the land of any person now enclosed, or which may hereafter become enclosed, shall fail, at its own expense, to construct and constantly maintain in good and safe condition, good and sufficient cattle-guards at the points of entrance upon and exit from said enclosed land, or shall fail to make and keep in constant repair crossings to any plantation road thereupon, such corporation shall be guilty of a misdemeanor, and fined in the discretion of the court.

Code, s. 1975; 1883, c. 394, ss. 1, 2.

INDICTMENT FOR FAILURE TO KEEP UP FERRY.-An indictment against a railroad company for failure to keep a ferry in repair must set forth how the duty of keeping up the ferry and transporting passengers became imposed by their charter. Wil. & Man. R. R. Co., 44 (Busb.), 234.

RAILROAD CROSSINGS.-An indictment against a railroad company for obstructing a public highway "by placing in and across it certain plank," which fails to charge any misuse or misapplication of the plank in placing it across the road at the crossing, or that defendant suffered it to become ruinous, out of repair and in such improper condition as to obstruct the public road, does not charge any offense. Roanoke Railroad & Lumber Co., 109-860.

Sec. 864 (3749). Discrimination in charges.

If any common carrier shall directly or indirectly by any special rate, rebate, drawback or other device, charge, demand, collect or receive from any person a greater or less compensation for any