Obstruction of highway. Misde meanor. Felony. Appointment of SEC. 3. When any freight train on any railroad shall stop in such a position as to obstruct the ordinary travel on any highway, for a longer period than ten minutes, the person having charge of such train shall cause it to be separated, so as to leave one street or highway open to its full width to accommodate the public travel; and any railroad company in whose employment any person shall be, who shall violate this section, shall forfeit and pay the sum of twenty-five dollars for each offense. SEC, 4. Whoever enters upon or crosses any railroad, at any private passway, which is inclosed by bars or gates, and neglects to leave the same securely closed after him, shall be guilty of a misdemeanor. SEC. 5. Whoever shall lead, ride, drive, or conduct any beast along the track of a railroad, except where the railroad is built within the limits of the public highway, or who shall place, or having the right to prevent it, shall suffer any animal to be placed within the fences thereof for grazing or other purposes, shall be guilty of a misdemeanor. *SEC. 6. Any person who may be employed upon the railroad of any company in this State as engineer, conductor, baggage-master, brakeman, switchman, fireman, bridgetender, flagman, or signalman, or who may have charge of the regulation or running of trains upon said railroad in any manner whatever, and who shall become or be intoxicated while engaged in the discharge of his duties, shall be guilty of a misdemeanor, and on conviction thereof shall be punished for each offense by a fine not exceeding five hundred dollars, or by imprisonment in a County Jail for a term not exceeding six months, or both, in the discretion of the Court having cognizance of the offense; and if any person so employed as aforesaid, by reason of such intoxication, shall do any act, or neglect any duty, which act or neglect shall cause the death of, or bodily injury to any person or persons, he shall be deemed guilty of a felony. SEC. 7. The Governor may, from time to time, upon the policemen. application of any railroad or steamboat company, commission, during his pleasure, one or more persons designated by such company, who, having been duly sworn, may act at its expense as policemen, with the powers of a Deputy Sheriff, upon the premises used by it in its business, or upon its cars Compare section three hundred and ninety-one of the Penal Code. or vessels. The company designating such person shall be responsible civilly for any abuse of his authority. SEC. 8. Every such policeman shall, when on duty, wear Shield. in plain view a shield bearing the words "Railroad Police," or "Steamboat Police," as the case may be, and the name of the company for which he is commissioned. SEC. 9. Every person who shall fraudulently evade or attempt to evade the payment of his fare for traveling on any railroad shall be fined not less than five nor more than twenty dollars. SEC. 10. An Act entitled an Act to provide for the Repeal. appointment of Commissioners of Transportation, to fix the maximum charges for freights and fares, and to prevent extortion and discrimination on railroads in this State, approved April third, eighteen hundred and seventy-six, is hereby repealed, and all other Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, so far as they conflict herewith. SEC. 11. This Act shall take effect and be in force from and after its passage. 28* ADDITIONAL SECTIONS OF THE CODES APPLICABLE TO RAILROADS AND RAILROAD CORPORATIONS. NOTE. The following sections were overlooked till too late to be inserted in their proper places among the extracts from the Codes. Powers and duties of Governor. Contracts construed EXTRACTS FROM THE POLITICAL CODE. SECTION 380. In addition to those prescribed by the Constitution the Governor has the power and must perform the duties prescribed in this and the following sections: 6. He may require the Attorney-General or District Attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this State. SEC. 3222. Contracts made within this State for work to accordingly. be done, or for anything to be sold or delivered by weight or measure, must be construed according to the foregoing standards.* Property assessed at full cash value. Assessor to require a statement containing what. SEC. 3627. All property must be assessed at its full cash value. SEC. 3629. He must exact from each person a statement in writing showing separately: 1. All property belonging to, claimed by, or in the possession or under the control or management of such person; 2. All property belonging to, claimed by, or in the possession or under the control or management of any firm of which such person is a member; 3. All property belonging to, claimed by, or in the possession or under the control or management of any corporation of which such person is president, secretary, cashier, or managing agent; 4. The county in which such property is situated, or in which it is liable to taxation; *See sections three thousand two hundred and nine to three thousand two hundred and fifteen (pages 102 and 103). 5. An exact description of all lands, improvements, and personal property, including all vessels, steamers, and other water-craft, and deposits of money or gold dust, and the names of the persons with whom such deposits are made, and the places in which they may be found; 6. All other facts required by the State Board of Equalization or by the Assessor. Whenever one member of a firm or one of the proper officers of a corporation has made a statement showing the property of the firm or corporation, another member of the firm or another officer need not include such property in the statement made by him, but his statement must show the name of the person or officer who made the statement in which such property is included. stock in SEC. 3640. The owner or holder of stock in any firm or Holders of corporation, the entire capital or property whereof is assessed, firm or must not be assessed individually for his stock in such firm or corporation. corporation. of firm or corporation where stock and ments of how assessed. SEC. 3641. The property of every firm and corporation Property must be assessed in the county where the property is situate, assessed and must be assessed in the name of the firm or corporation. situated. SEC. 3663. Where the railroad of a railroad corporation Rolling lies in several counties, its rolling stock must be apportioned improvebetween them so that a portion thereof may be assessed in railroads, each county, and each county's portion must bear to the whole rolling stock the same ratio which the number of miles of the road in such county bears to the whole number of miles of such road lying in this State. The land occupied and claimed as the right of way, with the track and all the substructures and superstructures which support the same, must be assessed as a whole, and as real estate, without separating the same into lands and improvements, at a certain sum per mile. The improvements, other than the track and the substructures and superstructures which support the same, whether situated upon land occupied and claimed as the right of way, or on other lands, must be separately assessed. Water ditches constructed for mining, manufacturing, or irrigation purposes, and wagon or turnpike tollroads, with all improvements attached to such properties, must be listed by the Assessor as real estate, and as a whole, without separating the land and the improvements, either in the description or valuation of the same. (Amendment, approved March 30, 1874; Amendments 1873-4, 158; took effect sixtieth day from passage.) SEC. 4004. No county must in any manner loan or give its credit to or in aid of any person unless it is expressly authorized by law so to do. Instruments to be ac except, etc. EXTRACTS FROM THE CIVIL CODE. SECTION 1161. Before an instrument can be recorded, knowledged, unless it belongs to the class* provided for in either sections eleven hundred and fifty-nine, eleven hundred and sixty, twelve hundred and two, or twelve hundred and three, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its President or Secretary, or proved by a subscribing witness, or as provided in sections eleven hundred and ninety-eight and eleven hundred and ninety-nine, and the acknowledgment or proof certified in the manner prescribed by Article III of this chapter. (Amendment, approved March 30, 1874; Amendments 18734, 226; took effect July 1, 1874.) SEC. 1185. The acknowledgment of an instrument must not be taken, unless the officer taking it knows, or has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledgment is the President or Secretary of such corporation. SEC. 1190. The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form: State of, County of, ss. On this day of in the year, before me (here insert the name and quality of the officer), personally appeared, known to me (or proved to me on the oath of) to be the President (or the Secretary) of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. *Judgments affecting title to possession of real property, authenticated by certificate of Clerk of Court in which judgments were rendered; letters patent from the United States or from State of California; when instrument improperly certified; and in case of action by interested party to obtain judgment of proof of an instru ment. |