CHAPTER 22.

COMMON CARRIERS.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

3896a. Tickets to foreign countries, certificate to sell.

3896b. Bond to sell foreign tickets, exceptions.

3896c. Dealer in foreign tickets, liability on bond.

3896d. Bond book-Fees.

3896e. Penalty.

3897. Conditions on ticket.

[Acts 1921, p. 163. In force May 31, 1921.]

3896a. Tickets to foreign countries, certificate to sell.-1. No person, firm or corporation shall engage in the business of selling steamship or railroad tickets for transportation to or from foreign countries, or in the business of receiving money for the purpose of transmitting the same, or the equivalent thereof, to foreign countries, until such person, firm or corporation shall have obtained from the treasurer of state a certificate authorizing the carrying on of such business, which certificate shall be conspicuously displayed in the place of business of such person, firm or corporation.

No person, firm or corporation shall transact any business of the character contemplated in this section, as agent for another, unless the principal of such agent shall have complied with the provisions of this act and shall have received from the treasurer of state a certificate as hereinbefore provided.

3896b. Bond to sell foreign tickets, exceptions.-2. Such person, firm or corporation shall make and execute a bond payable to the State of Indiana in the penal sum of ten thousand dollars ($10,000) and shall file such bond with the treasurer of state, and such bond shall be conditioned for the faithful holding and transmission of moneys so received by the principal and conditioned for the selling of steamship or railroad tickets which shall be in all respects valid and genuine, or conditioned for both, if the principal be engaged in both such lines of business: Provided, however, That this act shall not apply to common carriers, banks, trust companies and savings associations regularly organized under the laws of the State of Indiana, or under the laws of the United States; nor, as to giving bond, to any person, firm or corporation which shall, on investigation by

the treasurer of state, be, by the treasurer of state, found to be of such financial soundness and standing that, in the judgment of the treasurer of state, such a bond is not needed for the protection of the customers of such person, firm or corporation doing one or both of said classes of business; and the treasurer of state shall issue to such persons, firms or corporations, as are so found financially and otherwise of such standing a permit such as is issued to a dealer who has given the bond. Any permit issued by the treasurer of state in pursuance of this act may be revoked at the discretion of the treasurer of state because of a change in the financial and general standing or responsibility or in the security afforded by the bond, and shall be effective until so revoked. Each recipient of a permit without bond shall pay the fee of five dollars ($5) mentioned in section 4 of this act as a condition to the issuance of the permit.

3896c. Dealer in foreign tickets, liability on bond.-3. Any bond given in pursuance of the provisions of this act shall be executed by the applicant as principal with at least two good and sufficient personal securities, which sureties shall be financially responsible and be owners of real estate in this state worth in the aggregate at least one and one-half times the amount of the penalty of such bond; and said bond shall be to the approval of the treasurer of state. The bond of a surety company, if approved by the treasurer of state, may be taken by him. The state, upon the relation of any party aggrieved, may sue and recover for the use of such aggrieved person on such bond in any court of competent jurisdiction, but the giving of the bond shall not relieve the dealer or principal from any liability he would have been under had no bond been given or had this statute not been enacted.

3896d. Bond book-Fees.-4.

The treasurer of state shall keep

a book to be known as a "Bond Book" wherein he shall place in alphabetical order all permits issued hereunder by him, the date thereof, the name of the recipient thereof and his place of residence, the place or places for the transaction of the business, the name or names of the sureties on his bond, and the name of the officer before whom the bond was executed or acknowledged. Such record shall be open to public inspection. The treasurer shall collect a fee of five dollars ($5) for each permit issued by him in pursuance of the provisions of this act which fee shall be covered into the general fund of the state treasury. 3896e. Penalty.-5. Any person, firm or corporation engaging in such business as is described in section 1 of this act contrary to any of the provisions of this act, shall, or conviction, be fined not more than five hundred dollars ($500) to which may be added imprisonment in the county jail not exceeding six months.

3897. Conditions on ticket.

The court on appeal will consider before it for determination the question of liability for injury of person while traveling on passenger train on a free pass bearing conditions printed on back in certain size type of which allegation was omitted, demurrer and answer filed setting up release and specific finding made. Clark v. Southern Ry. Co., App., 119 N. E. 539.

Where congress legislated merely respecting a certain element of a general subject, state legislation is not denied to other elements of the same subject and the operation of this section, as to the release of liability of carriers is not suspended by the Hepburn Act with the Carmack Amendment. Clark v. Southern Ry. Co. App. 119 N. E. 539.

A person riding over interstate railroad on pass issued in Indiana bearing printed conditions against liability for injury which do not conform to the Indiana statute, may recover if negligently injured in Kentucky by the carrier, where contracts against relief from common-law liability are inhibited. Clark v. Southern Ry. Co., · App. - 119 N. E. 539.

The enforcement of a contract entered into in another state when it is in violation of a positive legislative enactment declarative of the public policy of the forum is not required by the rule of comity; and there is more reason why a court should refuse to enforce a contract executed in another in violation of one of its penal statutes. Clark v. Southern Ry. Co., — App. —, 119 N. E. 539. ARTICLE 4.-ACTIONS AGAINST.

SEC.

3918. Actions, allegations, proof. 3919. Contract, defense, answer.

3918. Actions, allegations, proof.

SEC.

3920. Issue, trial.

The provisions of the act of 1905, sections 3918 and 3919, of the Revised Statutes of 1914, regulating the pleadings and proof in actions against common carriers, have been superseded by the interstate commerce in so far as interstate shipments are concerned. Wabash R. Co. v. Priddy, 179 Ind. 483, 101 N. E. 724; Cleveland etc. R. Co. v. Hayes, 181 Ind. 87, 102 N. E. 34, 103 N. E. 839.

The act of 1905, regulating the pleading and proof in actions against carriers, is not in conflict with any of the provisions of the federal or state constitutions. Cleveland etc. R. Co. v. Blind, 182 Ind. 398, 105 N. E. 483.

In actions against carriers on account of interstate shipments, the defenses that were provable under the general denial before the passage of the act of 1905, may still be proved without being specially pleaded. Cleveland etc. R. Co. v. Hayes, 181 Ind. 87, 102 N. E. 34, 103 N. E. 839.

In an action against carrier for damages on the complaint based on these sections, it is proper to instruct that section 3920b does not affect validity of shipping contracts limiting liability. Jackson v. Mauck, - Ind., 126 N. E. 857.

3919. Contract, defense, answer.

In an action against a carrier under this section and section 3920, whether or not action was begun in time was a question for the jury. Jackson v. Mauck, Ind., 126 N. E. 857.

In an action against carrier for damages on the complaint based on these sections, it is proper to instruct that section 3920b does not affect validity of shipping contracts limiting liability. Jackson v. Mauck, Ind., 126 N. E. 857. 3920. Issue, trial.

See note to section 3919.

In an action against a common carrier for damages on the complaint based on these sections, it is proper to instruct that section 3920b does not affect validity of shipping contracts limiting liability. Jackson v. Mauck, 126 N. E. 857.

Ind.

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An owner of freight, damaged by delay in delivery, is entitled to recover of the carrier under these sections. Clift v. Southern Ry. Co., Ind. N. E. 457.

These sections providing for action for damages for freight lost or damaged, are constitutional. Clift v. Southern Ry. Co., Ind., 124 N. E. 457.

These sections giving action for damages on freight loss claim was not in violation of U. S. Amend. 14, or Indiana Const. art. 1, section 23. Jackson v. Mauck, - Ind., 126 N. E. 857.

3920h. Provisions cumulative.

See note to section 3920b.

[Acts 1915, p. 642. In force April 26, 1915.]

3920i. Watermelons, shipment and sale.-1. That it shall be the duty of every person, or persons, firm or corporation loading watermelons into cars for transportation, before loading such watermelons to count and weigh the same, and upon such loading being completed to make out and sign two statements of the weight of such watermelons and the number thereof contained in said car. One copy of such statement shall be securely attached to said car and the other copy thereof shall be attached to the bill of lading for said car, and delivered to the consignee or purchaser thereof at his request.

3920j. Statement of count and weight.-2. It shall be unlawful for any person, persons, firm or corporation to ship, sell or offer for sale any carload of watermelons without the statements set out in the last section having been made out, and one copy thereof being delivered to the purchaser or consignee of such watermelons, if he shall request it.

3920k. Penalty.-3. Any person, persons, firm or corporation who shall fail to comply with any provisions of this act, or who shall make out any false statement in reference to the contents of said car or the weight thereof, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars, to which may be added imprisonment in the county jail for not less than thirty (30) days nor more than ninety (90) days.

CHAPTER 24.

CONVEYANCE OF LAND.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

3936. Who may convey or hold land.

The capacity of persons to take title to and hold land, or to transmit the same by conveyance, devise or descent, is regulated by the law of the state where the property is situated. Donaldson v. State ex rel., 182 Ind. 615, 101 N. E. 485. Section 3936 et seq. is considered with sections 3112-3174, 7462 et seq., and 4012 et seq. and the conclusion reached that a record title is the highest evidence of ownership. Philbin v. Carr, App. 129 N. E. 19.

Under this section and sections 3957, 3962, 3963, 3965, 3985, 3987, an unacknowledged and unrecorded lease for more than three years is valid as between parties and persons with notice. Bereolos v. Roth, App. 124 N. E. 410.

A life estate can not be created under this section by a father in favor of his son by parol contract. Hoppes v. Hoppes, App. 124 N. E. 772.

3952. Conveyance of wife's lands.

This section precludes a husband from making a separate conveyance of his inchoate interest in the lands of his wife during her lifetime. Buckel v. Auer, App., 120 N. E. 437.

3953. Estates in common.

Under this section and section 3954, a conveyance to a husband and wife does not make them joint tenants or tenants in common unless so expressed in the deed of conveyance. Hawkins v. Dorst Co., 186 Ind. 430, 116 N. E. 577.