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Lay out road, how wide.

construct road.

May cross or connect roads.

the construction and maintenance of such railroad, and for all stations, depots and other purposes necessary to successfully work and conduct the business of the road.

4. To lay out its road, not exceeding nine rods wide, and to construct and maintain the same, with a single or double track, and with such appendages and adjuncts as may be

necessary for the convenient use of the same. Where may

5. To construct their road across, along, or upon any stream of water, water-course, roadstead, bay, navigable stream, street, avenue, or highway, or across any railway, canal, ditch, or flume, which the route of its road intersects, crosses, or runs along, in such manner as to afford security for life and property; but the corporation shall restore the stream or water-course, road, street, avenue, highway, railroad, canal, ditch, or flume, thus intersected, to its former state of usefulness, as near as may be, or so that the railroad shall not unnecessarily impair its usefulness or injure its franchise.

6. To cross, intersect, join, or unite its railroad with any other railroad, either before or after construction, at any point upon its route, and upon the grounds of such other railroad corporation, with the necessary. turnouts, sidings, and switches, and other conveniences in futherance of the objects of its connections; and every corporation whose railroad is, or shall be hereafter, intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant facilities therefor; and if the two corporations can not agree upon the amount of compensation to be paid therefor, or the points or the manner of such crossings, intersections, and connections, the same shall be ascertained and determined as is provided in title seven, part three, Code of Civil

Procedure. May pur.

7. To purchase lands, timber, stone, gravel, or other chase land, timber,

materials, to be used in the construction and maintenance gravel , etc. of its road, and all necessary appendages and adjuncts, or

acquire them in a manner provided in title seven, part three, 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.

stone,

sons and

sary build

furce and

profile to

8. To carry persons and property on their railroad, and Carry perreceive tolls or compensation therefor.

freight. 9. To erect and maintain all necessary and convenient Erect necesbuildings, stations, depots, fixtures, and machinery for the ings. accommodation and use of their passengers, freight, and business.

10. To regulate the time and manner in which passengers Regulate and property shall be transported, and the tolls and com- freights, pensation to be paid therefor within the limits prescribed by legislation. law, and subject to alteration, change, or amendment by the Legislature at any time.

11. To regulate the force and speed of their locomotives, Regulate cars, trains, or other machinery used and employed on their speed. 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.

SEC. 466. Every railroad corporation in this State must, Map and within a reasonable time after its road is finally located, be filed. 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. SEC. 467. If, at any time after the location of the line of May change

line of road. 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 seven, section four hundred and sixty-five, 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 must sell or relinquish the

Forfeiture
of franchise,

and intersections.

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.

SEC. 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. Crossings SEC. 469. 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 seven, part three, Code of Civil Procedure, and the damages assessed and the right of way

granted as in other cases. Use of SEC. 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 town or city authority

from which the right must emanate. When cross- SEC. 472. Whenever the track of such railroad crosses a or highways, railroad or highway, such railroad or highway may be carlands are ried under, over, or on a level with the track, as may be most acquired.

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 seven, part three, Code of Civil Procedure; and when compensation is made therefor, the same becomes the property of the corporation.

SEC. 473. Two or more railroad corporations may consol

streets, alleys, or water, in cities or towns.

ing railroads

porations.

idate their capital stock, debts, property, assets, and fran- Corporations chises in such manner as may be agreed upon by their solidato. 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 or consolidation, due notice of the same must be given, by advertisement for one month in at least one newspaper in each county, if there be one published 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 Francisco; 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.

SEC. 474. There is granted to every railroad corporation State lands the right of way for the location, construction, and main- use of cortenance 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.

SEC. 475. The grants mentioned in the preceding section Grant not do not apply to public lands of the State within the corporate town lots. limits of towns and cities, or within three miles thereof.

SEC. 476. The right to take from any of the lands belong- Wood, stone, ing to the State, adjacent to the works of the corporation, all may be materials, such as wood, stone, and earth, naturally appur-state lands. tenant thereto, which may be necessary and convenient for the original construction of its works and adjuncts, is granted to such corporations.

SEC. 477. If any corporation receiving State lands or Lands to appurtenances thereunder is dissolved, ceases to exist, is dis- State, when. continued, 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.

to embrace

and earth

taken from

Selections made, how

certified to.

SEC. 478. When any selection of the right of way, or land proved and 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 prohibted.

CHAPTER III.

BUSINESS, HOW CONDUCTED.

Checks to be SECTION 479. A check must be affixed to every package affixed to all baggage. 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 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 employé of the railroad corporation, he may recover the value thereof from the corporation.

*SEC. 480. Every railroad corporation must make an report to be

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

Annual

verified.

in;

* Virtually repealed by provisions of section seven of chapter one of Act relative to Commissioner of Transportation, approved April 1, 1878 (Statutes 1877-8, 970).

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