69-11-108. Prohibition on confiscation of fuel. (1) It shall be unlawful for any person, railway company, or common carrier to confiscate or take for his or its own use or for the use of another any coal or other fuel in transit except when such coal or other fuel is necessary for the preservation of life or property or is required for the moving of trains of such common carrier. In a suit under this section to recover the penalty and damages, the burden of proof shall be on the person, railroad company, or common carrier confiscating the coal or other fuel to show that such coal or other fuel was necessary for the preservation of life or property or was required for the moving of trains of such common carrier.
     (2) Any person, railroad company, or common carrier who shall confiscate or take any coal or fuel, either for his or its own use or for the use of another, shall be liable to the consignee or owner of such coal or fuel in double the value of such coal or fuel at the point of shipment and such other damages as may be caused by the confiscation of such coal. Such liability shall be exclusive of and in addition to any and all charges for the transportation of such coal or fuel, which charges for the transportation shall be paid by the party confiscating such coal or fuel. In every case wherein coal or other fuel is taken or used by any such person, railroad company, or common carrier, it shall be the duty of such person, railroad company, or common carrier to notify the consignee by telegram or letter, immediately, of the taking of such coal and to pay and compensate him therefor within 30 days from the time of the taking.
     (3) Any person, corporation, or common carrier who shall violate the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof 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.