§ 79-102 — Penalties - Actions - Discovery and evidence.

In case any bridge or other contractor or other person, partnership, corporation or association subject to the provisions of this article shall do or cause to be done any act, matter or thing herein prohibited or declared to be unlawful, or shall omit to do any act, matter or thing herein required to be done, such bridge or other contractor or other person, corporation or association shall be liable to the state, municipality or person injured thereby to three times the amount of the damages sustained in consequence of any such violation, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as a part of the costs in the case: And in any such action brought for recovery of damages, the court before whom the same shall be pending may compel any bridge or other contractor, partnership, corporation or association subject to the provisions of this article, or any director, officer, receiver, trustee, agent, employee or clerk of them, or either of them, defendant in said suit to appear and testify in such case, and may compel the production of books and papers of such bridge contractor, person, partnership, corporation or association party to said suit, no such testimony or evidence shall be used against such person in the trial of any criminal proceedings, nor shall any person so testifying be prosecuted in any criminal proceedings for or on account of any act disclosed or divulged by his testimony.

Legislative History

R.L. 1910, § 8243; Laws 1919, c. 238, p. 337, § 2.