acquire them in the manner provided in title VII, part III, Code of Civil Procedure, for the condemnation of lands; and to change the line of its road, in whole or in part whenever a majority of the directors so determine, as is provided hereinafter; but no such change must vary the general route of such road, as contemplated in its articles of incorporation; 8. Carry persons and freight. To carry persons and property on their railroad, and to receive tolls or compensation therefor; 9. Erect necessary buildings. To erect and maintain all necessary and convenient buildings, stations, depots, fixtures and machinery for the accommodation and use of their passengers, freight and business; 10. Regulate time and freights, subject to legislation. To regulate the time and manner in which passengers and property shall be transported, and the tolls and compensation to be paid therefor within the limits prescribed by law and subject to alteration, change or amendment by the legislature at any time; 11. Regulate force and speed. To regulate the force and speed of their locomotives, cars, trains or other machinery used and employed on their road, and to establish, execute and enforce all needful and proper rules and regulations for the management of its business transactions usual and proper for railroad corporations; 12. Purchasing or acquiring franchises of other railroads. To purchase, lease or acquire the franchises, rights and property, or any part thereof, of any railroad corporation, leasing or owning any railroad outside of the state of California, and to operate the same, and to use the franchises of any such road, and to build and operate extensions thereof; provided that nothing herein shall authorize any corporation to purchase the franchises, rights and property of any railroad operated in competition with it; and to purchase, acquire and hold the stocks, bonds or other securities of any railroad corporation organized under the laws of this state or of any other state or territory, with full power to sell the same; provided that nothing herein will authorize any corporation to purchase the stock of any railroad corporation operated Civ. Code-7 in competition with it. En. March 21, 1872. Am'd. 1903, 245. Cal Rep.Cit. 129, 10; 129, 10. 67, 432; 92, 645; 111, 227. Subd. 167, 431; 134, 415. Subd. 2-129, 10. Subd. 353, 227; Subd. 453, 227; 69, 206; 92, 645; 93, 265. 53, 228; 67, 431; 134, 414. 67, 431; 134, 415. Subd. 5Subd. 6-91, 452. Subd. 7 Exceeding limit upon power to acquire realty: See ante, sec. 360. Eminent domain: See Code Civ. Proc., secs. 1237-1263. Subd. 8. Rates of charges: See post, sec. 489. Establishment of rates by railroad commissioners: See Const. Cal., art. XII, sec. 22. Subd. 10. Regulating time and manner of transportation, time tables of starting: See post sec. 481. § 466. Map and profile to be filed. Every railroad corporation in this state must, within a reasonable time after its road is finally located, cause to be made a map and profile thereof, and of the land acquired for the use thereof, and the boundaries of the several counties through which the road may run, and file the same in the office of the secretary of state; and also like maps of the parts thereof located in different counties, and file the same in the office of the clerk of the county in which such parts of the road are, there to remain of record forever. The maps and profiles must be certified by the chief engineer, the acting president and secretary of such company, and copies of the same, so certified and filed, be kept in the office of the secretary of the corporation, subject to examination by all parties interested. En. March 21, 1872. Cal.Rep.Cit. 67, 432. $ 467. May change line of road. If, at any time after the location of the line of the railroad and the filing of the maps and profiles thereof, as provided in the preceding section, it appears that the location can be improved, the directors may, as provided in subdivision 7, section 465, alter or change the same, and cause new maps and profiles to be filed, showing such changes, in the same offices where the originals are of [on] file, and may proceed in the same manner as the original location was acquired, to acquire and take possession of such new line, and must sell or relinquish the lands owned by them for the original SE No new location, within five years after such change. Changing location: See, ante, sec. 465, subd. 7. En. § 468. Forfeiture of franchise. Every railroad corporation must within two years after filing its original articles of incorporation, begin the construction of its road, and must every year thereafter complete and put in full operation at least five miles of its road, until the same is fully completed; and upon its failure so to do, for the period of one year, its right to extend its road beyond the point then completed is forfeited. En. March 21, 1872. Cal.Rep.Cit. 92, 646. Organizing and commencing work: See general provision, ante, sec. 358. Act enabling railroad companies to complete railroads: See post, Appendix, title Railroads. $469. Crossings and intersections. Condemnation. Whenever the track of one railroad intersects or crosses the track of another railroad, whether the same be a street railroad, wholly within the limits of a city or town, or other railroad, the rails of either or each road must be so cut and adjusted as to permit the passage of the cars on each road with as little obstruction as possible; and, in case the persons or corporations owning the railroads cannot agree as to the compensation to be made for cutting and adjusting the rails, the condemnation of the right of way over the one for the use of the other road, may be had in proceedings under title VII, part III, Code of Civil Procedure, and the damages assessed and the right of way granted as in other cases. En. March 21, 1872. Right of eminent domain: Code Civ. Proc., secs, 12371263. Crossings and intersection: See ante, sec. 465, subd. 6. § 470. Not to use streets, alleys, or water in cities or towns, except by a two-third vote of the city or town authorities. No railroad corporation must use any street, alley, or highway, or any of the land or water, within any incorporated city or town, unless the right to so use the same is granted by a two-third vote of the town or city authority from which the right must emanate. 21, 1872. Cal.Rep.Cit. 69, 206; 92, 645; 105, 94; 109, 319. En. March 1872. § 471. Railroads through cities not to charge fare to and from paints therein. (Repealed.) En. March 21, Am'd. 1875-6, 76. Rep. 1877-8, 84. § 472. When crossing railroads or highways, how other lands are acquired. Whenever the track of such railroad crosses a railroad or highway, such railroad or highway may be carried under, over, or on a level with the track, as may be most expedient; and in cases where an embankment or cutting necessitates a change in the line of such railroad or highway, the corporation may take such additional lands and material as are necessary for the construction of such road or highway on such new line. If such other necessary lands cannot be had otherwise, they may be condemned as provided in title VII, part III, Code of Civil Procedure; and when compensation is made therefor, the same becomes the property of the corporation. En. March 21, 1872. Publication of § 473. Corporations may consolidate. notice. Copy to be filed. Any railroad corporation incorporated under the laws of this state may consolidate with one or more railroad corporations incorporated under the laws of this state, or under the laws of any other state or territory of the United States, its capital stock, properties, roads, equipments, adjuncts, franchises, claims, demands, contracts, agreements, obligations, debts, liabilities and assets of every kind and description, upon such terms and in such manner as may be agreed upon by their respective boards or directors; provided, no such consolidation shall take effect until the same shall have been ratified and confirmed in writing by stockholders of the respective corporations representing three fourths of the subscribed capital stock of their respective corporations. In case of such consolidation "articles of incorporation and consolidation" must be prepared, setting forth: First, the name of the new corporation; second, the purpose for which it is formed; third, the place where its principal business is to be transacted; fourth, the term for which it is to exist, which shall not exceed fifty years; fifth, the number of its directors (which shall not be less than five nor more than thirteen) and the names and residences of the persons appointed to act as such until their successors are elected and qualified; sixth, the amount of its capital stock (which shall not exceed the amount actually required for the purposes of the new corporation, as estimated by competent engineers), and the number of shares into which it is divided; seventh, the amount of stock actually subscribed, and by whom; eighth, the termini of its road or roads and branches; ninth, the estimated length of its road or roads and branches; tenth, the names of the constituent corporations, and the terms and conditions of consolidation in full. Said articles of incorporation and consolidation must be signed and countersigned by the presidents and secretaries of the several constituent corporations and sealed with their corporate seals. There must be annexed thereto memoranda of the ratification and confirmation thereof by the stockholders of each constituent corporation, which must be respectively signed by stockholders representing at least three fourths of the capital stock of their respective corporations. When completed as aforesaid said articles must be filed in the office of the county clerk of the county in which the original articles of incorporation of either of the consolidating corporations are filed, and a copy of the articles of incorporation and consolidation certified by such county clerk must be filed in the office of the secretary of state, and thereupon the constituent corporations named therein must be deemed and held to have become extinct in all courts and places, and said new corporation must be deemed and held in all courts and places to have succeeded to all their several capital stocks, properties, roads, equipments, adjuncts, franchises, claims, demands, contracts, agreements, assets, choses and rights in action of every kind and description, both at law and in equity, and to be entitled to possess, enjoy, and enforce the same and every thereof, as fully and completely as either and every of its constituents might have done had no consolidation taken place. Said consolidated or new |