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corporation must also, in all courts and places, be deemed and held to have become subrogated to its several constituents and each thereof, in respect to all their contracts and agreements with other parties, and all their debts, obligations, and liabilities, of every kind and nature, to any persons, corporations, or bodies politic, whomsoever, or whatsoever, and said new corporation must sue and be sued in its own name in any and every case in which any or either of its constituents might have sued or might have been sued at law or in equity had no such consolidation been made. Nothing in this section contained shall be construed to impair the obligation of any contract to which any of such constituents were parties at the date of such consolidation. All such contracts may be enforced by action or suit, as the case may be, against the consolidated corporation, and satisfaction obtained out of the property which, at the date of the consolidation, belonged to the constituent which was a party to the contract in action or suit, as well as out of any other property belong. ing to the consolidated corporation. En, March 21, 1872. Am'd. 1900-01, 327. Cal.Rep.Cit. 67, 61; 76, 405; 76, 407; 98, 216; 109, 577;
109, 583; 109, 584; 109, 586; 109, 593; 109, 601 ; 110, 504; 119, 343. 8 474. State lands granted for use of corporations. There is granted to every railroad corporation the right of way for the location, construction and maintenance of their necessary works, and for every necessary adjunct thereto, over any swamp, overflowed, or other public lands of the state not otherwise disposed of or in use, not in any case exceeding in length or width that which is necessary for the construction of such works and adjuncts, or for the protection thereof, not in any case to exceed two hundred feet in width. En. March 21, 1872.
$ 475. Grant not to embrace town lots. The grants mentioned in the preceding section do not apply to public lands of the state within the corporate limits of towns and cities, or within three miles thereof. En. March 21, 1872.
$ 476. Wood, stone, and earth may be taken from state lands. The right to take from any of the lands belonging
the state, adjacent to the works of the corporation, all materials, such as wood, stone, and earth, naturally appurtenant thereto, which may be necessary and convenient for the original construction of its works and adjuncts, is granted to such corporations. En. March 21, 1872.
$ 477. Lands to revert to state, when. If any corporation receiving state lands or appurtenances thereunder is dissolved, ceases to exist, is discontinued, or the route or line of its works is so changed as not to cover or cross the lands selected, or the use of the lands selected is abandoned, such selected lands revert, and the title thereto is reinvested in the state or its grantees, free from all such uses. En. March 21, 1872.
$ 478. Selections made, how proved and certified to. When any selection of the right of way, or land for an adjunct to the works of a railroad corporation, is made by any corporation, the secretary thereof must transmit to the surveyor-general, comptroller of state, and recorder of the county in which the selected lands are situate, a plat of the lands so selected giving the extent thereof and uses for which the same is claimed or desired, duly verified to be correct; and, if approved, the surveyorgeneral must so indorse the plat, and issue to the corporation a permit to use the same, unless on petition properly presented to the court, a review is had and such use prohibited. En. March 21, 1872.
Cal.Rep.Cit. 101, 336.
479. $ 480.
481. $ 482. $ 483.
BUSINESS, HOW CONDUCTED.
for damages occurring on freight and other cars. Corporations to post printed regulations, and not responsible
for damages in violation of rules.
poration may recover damages, when.
§ 486. $ 487. § 488. § 489. $ 490. $ 491.
492. $ 493.
$ 479. Checks to be affixed to all baggage. Damages. A check must be affixed to every package or parcel of baggage when taken for transportation by any agent or employee of such railroad corporation, and a duplicate thereof given to the passenger or person delivering the same in his behalf; and if such check is refused on demand, the railroad corporation must pay to such passenger the sum of twenty dollars, to be recovered in an action for damages; and no fare or toll must be collected or received from such passenger, and if such passenger has paid his fare, the same must be returned by the conductor in charge of the train; and on producing the check, if his baggage is not delivered to him by the agent or employee of the railroad corporation, he may recover the value thereof from the corporation. En. March 21, 1872.
Cal.Rep.Cit. 120, 317.
$ 480. Annual report to be verified. Form of report. Every railroad corporation must make an annual report to the secretary of state, or other officer designated by law, of its operations for each year, ending on the thirty-first day of December, verified by the oaths of the president or acting superintendent of operations, the secretary and treasurer of such corporation, and file it in the office of the
secretary of state, or such other designated officer, by the twentieth day of February, which must state:
1. The capital stock, and the amount thereof actually paid in;
2. The amount expended for the purchase of lands for the construction of the road, for buildings, and for engines and cars, respectively;
3. The amount and nature of its indebtedness, and the amount due the corporation;
4. The amount received from the transportation of passengers, property, mails, and express matter, and from other sources;
5. The amount of freight, specifying the quantity in tons;
6. The amount paid for repairs of engines, cars, buildings, and other expenses, in gross, showing the current expenses of running such road;
7. The number and amount of dividends, and when paid;
8. The number of engine-houses and shops, of engines and cars, and their character. En. March 21, 1872.
$ 481. Duties of corporation. Every such corporation must start and run their cars, for the transportation of persons and property, at such regular times as they shall fix by public notice, and must furnish sufficient accommodations for the transportation of all such passengers and property as, within a reasonable time previous thereto, offer or is offered for transportation, at the place of starting, at the junction of other railroads, and at siding and stopping-places established for receiving and discharging way passengers and freight; and must take, transport, and discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare therefor. En. March 21, 1872.
Cal.Rep.Cit. 134, 414.
Act compelling railroads to operate roads: See post, Appendix, title Railroads.
Act exempting railroad constructed at elevation of five thousand feet from operating roads at certain times: See post, Appendix, title Railroads.
Act organizing railroad commissioners and defining powers: See post, Appendix, title Railroads.
$ 482. Corporation to pay damages for refusal. In case of refusal by such corporation or their agents so to take and transport any passengers or property or to deliver the same, at the regular appointed places, such corporation must pay to the party aggrieved all damages which are sustained thereby, with costs of suit. En. March 21, 1872.
8 483. Furnish room inside passenger cars, and be responsible for damages occurring on freight and other cars. Every railroad corporation must furnish, on the inside of its passenger cars, sufficient room and accommodations for all passengers to whom tickets are sold for any one trip, and for all persons presenting tickets entitling them to travel thereon; and when fare is taken for transporting passengers on any baggage, wood, gravel, or freight car, the same care must be taken and the same responsibility is assumed by the corporation as for passengers on pas. senger cars. En. March 21, 1872.
Cal.Rep.Cit. 70, 173.
$ 484. Corporations to post printed regulations, and not responsible for damages in violation of rules. Every railroad corporation must have printed and conspicuously posted on the inside of its passenger cars its rules and regulations regarding fare and conduct of its passengers; and in case any passenger is injured on or from the platform of a car, or on any baggage, wood, gravel, or freight car, in violation of such printed regulations, or in violation of positive verbal instructions or injunctions given to such passenger in person by any officer of the train, the corporation is not responsible for damages for such injuries, unless the corporation failed to comply with the provisions of the preceding section. En. March 21, 1872.
Cal.Rep.Cit. 78, 364; 87, 73.
Rules and regulations by carriers of passengers, generally: See, post, sec. 2186. 485. Fences. To pay dar
Not liable in certain cases. Corporation may recover damages, when. Railroad orporations must make and maintain a good and sufficient