time and freights, and compensation to be paid therefor within the limits Regulate prescribed by law, and subject to alteration, change, or amendment by the Legislature at any time; subject to legislation. force and speed. 11. To regulate the force and speed of their loco- Regulate motives, 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. NOTE.-Stats. 1861, p. 614, Sec. 17. 466. Every railroad corporation in this State must, Map and within a reasonable time after its road is finally loca- be filed. ted, 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. NOTE.-Stats. 1861, p. 621, Sec. 34. 467. 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 file, and may proceed, in the same manner as the original location was acquired, to acquire and take possession of such new line, and Forfeiture of franchise Crossings and intersections. must sell or relinquish the lands owned by them for the original location, within five years after such change. No new location, as herein provided, must be so run as to avoid any points named in their articles of incorporation. NOTE.-Stats. 1861, p. 616, Sec. 18. 468. 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. 469. NOTE.-Stats. 1861, p. 626, Sec. 54; 1870, p. 578. 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 Condemna- 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. tion. Not to use streets. alleys, or water, in cities or towns. except by a two-third NOTE.-Stats. 1862, p. 498. 470. 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 city or town town or city authority from which the right must ema vote of the authorities. nate. through cities not fare to and to charge from points therein. 471. No railroad corporation, other than street rail- Railroads roads, availing itself of the provisions of the preceding section and acquiring right of way from city authorities, must ever use their road for street railroad purposes, or for the purpose of carrying passengers for a consideration from any point to another in the same city. NOTE.-Stats. 1861, p. 618, Sec. 21. crossing railroads or how other acquired. highways, lands are 472. Whenever the track of such railroad crosses When 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. NOTE.-Stats. 1861, p. 616, Sec. 19. Copora tions may consoli date. 473. Two or more railroad corporations may consolidate their capital stock, debts, property, assets, and franchises in such manner as may be agreed upon by their respective Boards of Directors. No such amalgamation or consolidation must take place without the written consent of the holders of three fourths in value of all the stock of each corporation; and no such amalgamation or consolidation must in any way relieve such corporation or the stockholders thereof from any and all just liabilities. In case of such amalgamation Publicaor consolidation, due notice of the same must be notice. given, by advertisement for one month in at least one newspaper in each county, if there be one published tion of therein, into or through which such roads run, and also for the same length of time in one paper published in Sacramento and in two papers published in San FranCopy to be cisco; and when the consolidation and amalgamation is completed, a copy of the new articles of incorporation must be filed in the office of the Secretary of State. filed. NOTE.-Stats. 1861, p. 622, Sec. 40. 474. 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. 475. The grants mentioned in the preceding sec tion do not apply to public lands of the State within the corporate limits of towns and cities, or within three miles thereof. 476. The right to take from any of the lands belonging to 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 corpora tions. 477. 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. made, how proved and certified to. 478. When any selection of the right of way, or Selections 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, Controller 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 Surveyor General 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. NOTE.-The five preceding sections are drawn from CHAPTER III. BUSINESS, HOW CONDUCTED. SECTION 479. Checks to be affixed to all baggage. Damages. 480. Annual report to be verified. Form of report. 481. Duties of corporation. 482. Corporation to pay damages for refusal. 483. Furnish room inside passenger cars, and be responsible 485. To pay damages. Not liable in certain cases. Corpo- 486. Regulations of trains. Penalty. 487. Passenger refusing to pay fare. 488. Officers to wear badge. 489. Rates of charges. 490. Passenger tickets, how issued, and to be good for six 491. Character of iron to be used. 479. A check must be affixed to every package or parcel of baggage when taken for transportation by any agent or employé of such railroad corporation, and a duplicate thereof given to the passenger or person Checks to be affixed to all baggage. |