§ 58. Excess charge when fare paid on cars. It shall be lawful for any company owning or operating a steam railroad in this state, to demand and collect an excess charge of ten cents over the regular or established rate of fare, from any passenger who pays fare in the car in which he may have taken passage, except where such passage is wholly within the limits of any incorporated city in this state, provided, however, that it shall be the duty of such company to give to any passenger paying such excess a receipt or other evidence of such payment, which shall legibly state that it entitles the holder thereof to have such excess charge refunded, upon the delivery of the same at any ticket office of said company, upon the line of their railroad, and said company shall refund the same upon demand; provided, however, that it shall be unlawful for any company owning or operating a railroad whether operated by steam, electricity or other motor power to demand or collect any excess charge from any passenger taking passage from a station or stopping place where tickets can not be purchased during half an hour previous to the schedule time for the departure of said train, or car on which such passengers take passage.
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