69-11-108. Prohibition on confiscation of fuel. (1) It is unlawful for any person, railway company, or common carrier to confiscate or take for the person's or its own use or for the use of another any coal or other fuel in transit except when the coal or other fuel is necessary for the preservation of life or property or is required for the moving of trains of the common carrier. In a suit under this section to recover the penalty and damages, the burden of proof is on the person, railroad company, or common carrier confiscating the coal or other fuel to show that the coal or other fuel was necessary for the preservation of life or property or was required for the moving of trains of the common carrier.

(2) Any person, railroad company, or common carrier who confiscates or takes any coal or fuel, either for the person's or its own use or for the use of another, is liable to the consignee or owner of the coal or fuel in double the value of the coal or fuel at the point of shipment and other damages that may be caused by the confiscation of the coal or fuel. The liability is exclusive of and in addition to any and all charges for the transportation of the coal or fuel, which charges for the transportation must be paid by the party confiscating the coal or fuel. In every case in which coal or other fuel is taken or used by any person, railroad company, or common carrier, it is the duty of the person, railroad company, or common carrier to notify the consignee by telegram or letter, immediately, of the taking of the coal or fuel and to pay and compensate the consignee within 30 days from the time of the taking.

(3) Any person, corporation, or common carrier who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $200.

History: (1)En. Sec. 1, Ch. 119, L. 1907; Sec. 4355, Rev. C. 1907; re-en. Sec. 6592, R.C.M. 1921; re-en. Sec. 6592, R.C.M. 1935; Sec. 72-637, R.C.M. 1947; (2)En. Sec. 2, Ch. 119, L. 1907; Sec. 4356, Rev. C. 1907; re-en. Sec. 6593, R.C.M. 1921; re-en. Sec. 6593, R.C.M. 1935; Sec. 72-638, R.C.M. 1947; (3)En. Sec. 3, Ch. 119, L. 1907; Sec. 4357, Rev. C. 1907; re-en. Sec. 6594, R.C.M. 1921; re-en. Sec. 6594, R.C.M. 1935; Sec. 72-639, R.C.M. 1947; R.C.M. 1947, 72-637, 72-638, 72-639; amd. Sec. 2003, Ch. 56, L. 2009.