and colored passengers on the respective lines of railroad, and a car divided by a compartment shall not be deemed a separate car or coach within the meaning of this section, but a combination car, not over one-third of which is used for baggage or mail, for the purposes of this Act shall be deemed a separate car, and each separate car or coach shall have, in some conspicuous place, both outside and inside, appropriate words and plain letters, indicating whether it is set apart for white or colored passengers; provided, this section shall not apply to trains making no schedule intermediate service stops between their terminii. Ibid, sec. 352. 1904, ch. 109, sec. 7. 393. The provisions of the six preceding sections shall not apply to employees of railroads, or to persons employed as nurses, or to officers in charge of prisoners, whether the said prisoners are white or colored, or both white and colored, or to the prisoners in their custody, nor shall the same apply to the transportation of passengers in any caboose car attached to a freight train nor to parlor nor sleeping cars, nor through express trains that do no local business. Ibid, sec. 353. 1904, ch. 110, sec. 1. 394. It shall be the duty of any captain, purser or other officer in command of any steamboat carrying passengers and plying in the waters within the jurisdiction of the State of Maryland to assign white and colored passengers on said boats to the respective locations they are to occupy as passengers while on said boat; and it shall be the duty of said captain, purser or other officer in command to separate, as far as the construction of his boat and due consideration for the comfort of the passengers will permit, the white and colored passengers on said boat in the sitting, sleeping and eating apartments; provided, however, that no discrimination shall be made in the quality and convenience of accommodation afforded passengers in said locations; and provided, that this section and the two succeeding sections shall not apply to nurses or attendants traveling with their employers, nor to officers in charge of pris oners, whether the said prisoners are white or colored, or both white and colored, or to prisoners in their custody. Ibid, sec. 354. Ibid, sec. 2. 395. Any captain, purser or other officer in command of any steamboat as aforesaid who shall refuse to carry out the provisions of Section 53 shall be deemed guilty of a misdemeanor, and, upon indictment, in any Court having jurisdiction, and conviction thereof, shall be fined not less than twenty-five dollars and not more than fifty dollars for each offense. Ibid, sec. 355. Ibid, sec. 3. 396. Any passenger traveling on any steamboat plying in the waters within the jurisdiction of this State who shall wilfully refuse to occupy the location, whether of sitting, sleeping or eating, set apart or assigned by the captain, purser or other officer in command of such boat, shall be deemed guilty of a misdemeanor, and on indictment in any Court having jurisdiction, and conviction thereof, shall be fined not less than five dollars nor more than fifty dollars, or be confined in jail not less than thirty days, in the discretion of the Court, for each offense; and such passenger may be ejected from the said boat by the officers thereof at any wharf or landing place of said boat, and, if necessary, such assistance may be invoked by the person in charge of said boat as he may require to eject such passenger; and provided, that in case of such ejectment neither the captain nor other person in charge of such boat, nor the steamboat company or corporation or person owning or operating such boat shall be liable in damages in any Court. 1908, ch. 617. 397. It shall be the duty of every person, firm or corporation owning and operating steamboats on the Chesapeake Bay, between the City of Baltimore and points on said bay or its tributaries, to provide separate toilet, or retiring rooms, and separate sleeping cabins on their respective steamboats, on or before the first day of July, in the year nineteen hundred and eight, for white and colored passengers, under a penalty of a fine of fifty dollars for each and every day said steamboats may be operated upon the waters aforesaid in violation of this section, and the provisions of the four preceding sections shall apply in the assigning of passengers to the use of the toilet, or retiring rooms, and the sleeping quarters set apart for the respective white and colored passengers. 1908, ch. 248. 398. That conductors or managers of all railway companies and corporations, and all persons running or operating cars or coaches by electricity, running twenty miles beyond the limits of any incorporated city or town of the State for the transportation of passengers, are hereby authorized and required to designate separate seats for white and colored passengers, without any difference in the quality of or convenience or accommodation of the seats in such cars or coaches. The ordinary seat for two persons shall be deemed a separate seat within the meaning of this Act. Ibid. 399. The railway companies and corporations and persons aforesaid, shall make no discrimination in the quality of or convenience or accommodation in the seats in the cars, coaches or compartments, and no white person shall force himself or be permitted to force himself or herself in a seat designated for a colored person, and no colored person shall force himself or herself, or be permitted to force himself or herself in a seat designated for a white person. Ibid. 400. The conductors or managers on all railways shall have power, and are hereby required to assign to each white or colored person, his or her respective seat in said car, coach or compartment, and should any passenger refuse to occupy the seat to which he or she may be assigned by the conductor or manager, said conductor or manager shall have the right to refuse to carry such passenger on his car or coach, and may put such passenger off his car or coach, and for such refusal or putting off the car or coach neither the conductor, manager or railway company or corporation or person owning or operating the same shall be liable to damages in any Court, and the passenger so refusing to occupy the designated seat to which he or she may be assigned, shall be deemed guilty of a misdemeanor, and on indictment and conviction thereof, shall be fined not more than fifty dollars, or be confined in jail not more than thirty days, or both, in the discretion of the Court, for each offense. Ibid 401. Any conductor or manager on any railway who shall upon request, refuse to perform the duties imposed upon him by this Act, shall be deemed guilty of a misdemeanor, and upon indictment and conviction thereof shall be fined not more than twenty dollars for each offense. Ibid. 402. When the seats in any car, coach or compartment shall all be occupied, but not filled, and the increased number of passengers cannot be accommodated with separate seats, the conductor or manager in charge of such car or coach is hereby authorized to assign passengers of the same color to the vacant seats, and he can, with the permission and consent of the occupant, assign a passenger of the other color to the unoccupied seats, but not otherwise. Ibid. 403. The provisions of this Act shall not apply to persons employed as nurses or valets when accompanying those needing their attention. Railroads Obstructing. 1904, art. 27, sec. 364. 1888, art. 27, sec. 230. 1860, art. 30, sec. 159. 1839, ch. 10, sec. 1. 412. If any person shall place anything, or cause anything to be placed on any railroad in this State, calculated to obstruct, overthrow or direct from the track of such railroad any car, vehicle or carriage, traveling or passing on such railroad, or shall break or injure in any manner any railroad in this State, with the view or intent to obstruct or overthrow any car, vehicle or carriage, such person so offending shall be deemed guilty of felony, and upon conviction thereof shall be sentenced to the penitentiary for not less than two years nor more than ten years. Ibid, sec. 365. 1888, art. 27, sec. 231. 1860, art. 30, sec. 160. 1839, ch. 10, secs. 2, 3. 413. If the death of any person shall be occasioned by the overthrow or obstruction of any railroad car, vehicle or car riage, produced by the placing of anything or obstruction on any railroad, or by breaking or injuring any railroad, or any bridge attached thereto, in violation of the preceding section, then the person so placing the thing or obstructing, or breaking or injuring, shall be deemed guilty of murder. 1904, art. 27, sec. 366. 1892, ch. 17, sec. 231. 1892, ch. 397. 414. Any person who shall cling, climb, jump, step or in any other way get upon any part of any locomotive, engine or car, or who shall be on any part of any locomotive, engine or car, whether the same be freight, passenger, coal or otherwise upon any part of the track of any railroad within this State unless in so doing he acts in compliance with the law or by permission under the rules and regulations of the railroad, shall be guilty of a misdemeanor, and upon conviction thereof before any of the several justices of the peace of the State of Maryland (except those justices of the peace in and for the City of Baltimore who have not been selected by the proper legal authority, to sit at each station house of said City of Baltimore), or upon conviction thereof before any Court of competent jurisdiction, shall be fined not more than twenty-five dollars, or be subject to imprisonment in jail or in the House of Correction for one month, or to both fine and imprisonment in the discretion of the justice of the peace trying the case, or Court before which the case may be tried; provided, however, that if any such person shall be sentenced to the House of Correction such railroad company or corporation, in all cases where the same is not prohibited either by the laws of the State of Maryland, or of the United States, which are in effect at present, or which may be hereafter passed, shall provide free transportation for such person or persons to said House of Correction, and also free transportation for not more than one officer in charge of such person, or persons, to said House of Correction and back to the place where such person or persons may have been tried and convicted; or if such person be a minor under eighteen years of age, he may, in the discretion of the justice of the peace or of the Court trying the case, be committed to any reformatory institution provided by law and authorized to receive the same for such period as said justice of the peace or the said Court |