profile to be

filed.

SEC. 466. Every railroad corporation in this State Map and 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 bounda ries 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.

Stats. 1861, 621, Sec. 34.

line of road.

SEC. 467. If, at any time after the location of the line May change 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 Subd. 7, Sec 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 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.

Stats. 1861, 616, Sec. 18.

of franchise.

SEC. 468. Every railroad corporation must, within two Forfeiture 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.

Stats. 1861, 626, Sec. 54; 1870, 578, Sec. 2.

SEC. 469. Whenever the track of one railroad inter- Crossings sects or crosses the track of another railroad, whether

and intersections.

Condemna

tion.

Not to use streets, alleys or water, in cities or

towns, except by a two-third vote of the city or town authorities.

Railroads through

cities not to

charge fare

to and from

points therein.

When cross

ing railroads

how other

lands are

acquired.

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 Tit. VII, Part III, CODE OF CIVIL PROCEDURE, and the damages assessed and the right of way granted as in other cases.

Stats. 1862, 498, Sec. 2.

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.

NOTE. This is a limitation upon Sec. 367, general provisions of corporations.

SEC. 471. No railroad corporation, other than street railroads, availing itself of the provisions of the preceding section and acquiring right of way from city authorities, shall 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.

SEC. 472.

Stats. 1861, 618, Sec. 21.

Whenever the track of such railroad crosses

or highways, 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 railread 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 Tit. VII, Part III, CODE OF CIVIL PROCEDURE, and when compensation is made therefor, the same becomes the property of the corpora

tion.

Stats. 1861, 617, Sec. 19.

may consoli

SEC. 478. Two or more railroad corporations may con- Corporations solidate their capital stock, debts, property, assets and date. 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 or consol- Publication idation, due notice of the same must be given, by adver-.` tisement 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 Copy to be consolidation and amalgamation is completed, a copy of the new articles of incorporation must be filed in the office of the Secretary of State.

Stats. 1861, 622, Sec. 40.

of notice.

filed.

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 for
damages occurring on freight and other cars.

484. Corporations to post printed regulations, and not responsible
for damages in violation of rules.

485. To pay damages. Not liable in certain cases. Corporation
may recover damages, when.

486. Regulations of trains.

Penalty.

487. Conductor may eject passengers, when.

488. Officers to wear badge.

489. Rates of charges.

490. Passenger tickets, how issued and to be good for six months.
491. Character of iron to be used.

SEC. 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

Checks to be baggage

affixed to all

Damages.

Annual report to be verified.

Form of report.

duplicate thereof given to the passenger or person deliv ering 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.

Stats. 1861, 623, Sec. 42.

SEC. 480. 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 pas sengers, 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.

A report must also be made to the Governor and Surveyor-General of the State, as required by Chap. III, Title on Public Ways, POLITICAL CODE.

Stats. 1861, 624, Sec. 44.

corporation.

SEC. 481. Every such corporation must start and run Duties of 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 estab lished 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.

Stats. 1861, 624, Sec. 45.

SEC. 482. 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 is sustained thereby, with costs of suit.

Stats. 1861, 624, Sec. 46.

SEC. 483. 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 passenger cars.

SEC. 484. 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 cor