build and maintain it, and may maintain an action for the expense thereof against the person so neglecting. Laws of 1854, ch. 282, p. 608, § 9. railway track pro § 545. No person not connected with or em- walking on ployed upon the railway shall walk along its hibited. track, except where the same is laid along a public road or street. From 1 R. S., 1237, § 43, last clause. ARTICLE III. RAILWAY TRAFFIC. SECTION 546. Duty to carry mails. 547. Duty of company towards rival connecting roads. 548. Employees to wear badges. 549. Penalty for exacting illegal fares. 550. Passenger refusing to pay fare. 551. Accommodations. 552. Baggage checks. 553. Sleeping cars. 554. Duty and liabilities of companies as to sleeping cars. 555. Position of passenger cars in train. 556. Duty of passengers. 557. Crossing signals. 558. Intoxication of company's servants. 559. Railway companies as common carriers. carry mails. § 546. Every company shall, when applied to Duty to by the postmaster-general, convey the mails of the United States on their road; and in case they do not agree as to the mode and terms of the service, the governor may appoint three commissioners, who, or a majority of them, after fifteen days' notice, to the company, in writing, of the time and place of meeting shall determine the mode and terms; but the price shall not be less than the freight on a like weight of merchandise transported in their freight trains, and a fair compensation for the post-office car. And in case the postmastergeneral requires the mail to be carried at other hours, or at a higher speed than the passenger trains are run, the company shall furnish an extra train for the mail, and be allowed an extra compensation. 1 R. S., 1235, § 33. Duty of company towards rival connecting roads. § 547. Every company shall grant to other companies whose routes touch its own, equal terms in respect to the transportation of trains, persons and property upon its road, and equal facilities in the interchange of cars and in the furnishing of tickets. for the business of each connecting road. The governor shall, upon the petition of the proprietors of any such connecting road who feel aggrieved in respect to such arrangements, presented on fourteen days' notice to the others, appoint three disinterested persons as commissioners, who shall summarily examine the grievances and prescribe such regulations as they deem just to secure to the connecting roads equal accommodations, and shall fix the terms and conditions thereof. Their award, when approved by the county court of the county where such intersection is, shall be binding for two years; and the court may compel performance by appropriate process. The expense of the proceedings shall be paid as determined by the court. 1 R. S., 1239, § 52. to wear badges. § 548. Every person employed by a company Employees on a passenger train, or at a passenger station, shall wear upon his hat or cap a badge indicating his office and the initials of the company's name, and without such badge no such person shall exercise any of the powers of his office or employment, or interfere with any passenger, his baggage or property. Ib, 1232, § 29. exacting § 549. Any company which asks and receives a Penalty for greater rate of fare than that allowed by law shall illegal fres forfeit fifty dollars, to be recovered, with the excess so received, by the party paying the same. But it is lawful for any company to take the legal rate of fare for one mile for any fractional distance of a mile. Laws of 1857, ch. 185, vol. 1, p. 432. refusing to pay fare. § 550. If any passenger refuses to pay his fare, or Passenger to exhibit or surrender his ticket when reasonably required so to do, it is lawful for the conductor and the servants of the company to put him and his baggage out of the cars, using no unnecessary force, at any usual stopping-place, or near any dwelling-house on stopping the train. 1 R. S., 1236, § 34. dations. § 551. Every company shall start and run their Accommo cars for the transportation of passengers and pro Baggage checks. Sleeping cars. perty at regular times to be fixed by public notice, and shall furnish sufficient accommodation for the transportation of all such passengers and property as are, within a reasonable time previous thereto, offered for transportation at the place of starting and the junctions of other railroads, and at usual stopping-places established for receiving and discharging way passengers and freights for that train; and shall transport the same between such places, on payment of the legal freight or fare, and shall be liable to the party aggrieved, in an action for damages, for any neglect or refusal in the premises. 1 R. S., 1236, § 35. § 552. A check shall be affixed to every parcel of baggage when it is taken for transportation if there is a handle, loop or fixture, so that the same can be attached upon it, and a duplicate thereof given to the passenger or person delivering the same in his behalf; and if such check be refused, on demand, the company shall pay to such passenger ten dollars, to be recovered in a civil action, and shall take no fare or toll from him; and if he has paid his fare it shall be refunded by the conductor. Ib., § 36. § 553. Any patentee of a sleeping car, or his legal representative, may place his car upon any railroad, with the assent of the company, and may charge each passenger occupying it forty cents for the use of a berth for one hundred miles; and at the rate of three mills for every additional mile, but in no case shall the charge exceed eighty cents. All persons using such car shall be furnished with tickets, with the words "Sleeping car" plainly written or printed thereon. Laws of 1858, ch. 125, p. 234, § 1, and part of § 2. § 554. Such company shall not be interested in the sums so charged. They shall maintain sufficient first-class cars of other kinds for the accommodation of all passengers not using the sleeping car, and be liable for damages for injuries to the same extent as if the sleeping cars were owned and provided by them. Ib., ch. 125, § 3, part of 2 and 4. § 555. In forming a passenger train, baggage, freight, merchandise or lumber cars shall not be placed in rear of the passenger cars; and the officer or agent who directs or knowingly suffers such arrangement, and the conductor of the train, are guilty of a misdemeanor. 1 R. S., 1236, § 37. passengers. § 556. In case any passenger on any railway is Duty of injured, while on the platform of a car, or in any baggage, wood or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury; provided there was, |