The General Railroad Law of California.
(May 20, 1861);
Act to Aid in Carrying Out the Pacific Railroad and Telegraph Act of Congress. (April 4, 1864)
GENERAL RAILROAD LAW OF CALIFORNIA.
AN ACT to provide for the Incorporation of Railroad Companies, and the management of the affairs thereof, and other matters relating thereto.
[Approved May 20, 1861; as amended to May 6, 1862.]
The People of the State of California, represented in Senate and Assembly, do enact as follows:
Section 1. Any number of persons, not less than ten, either in this State, or through any portion of the Territories of the United States, contiguous to this State, being subscribers to the stock of any contemplated railroad, may be formed into a corporation for the purpose of constructing, owning, and maintaining such railroad, by complying with the following requirements: Whenever stock to the amount of at least one thousand dollars for each and every mile of the proposed railroad shall have been so subscribed, and ten per cent. in cash, of the amount so required to be subscribed, shall be actually and in good faith paid to a Treasurer, to be named and appointed by said subscribers from among their number, then the said subscribers, either in person, or by written proxy, after having received at least five days' notice from said Treasurer of a meeting of said subscribers for that purpose, may adopt articles of association, and may elect, from among the subscribers to said articles, not less than five, nor more than thirteen, Directors.
Sec. 2. The said articles of association shall set forth the name of the incorporation, the number of years the same is to continue in existence, which shall not exceed fifty years, the amount of the capital stock of the company, which shall be divided into shares of one hundred dollars each, and which shall be the actual contemplated cost of constructing the road, together with the cost of the right of way, motive power, and every other appurtenance and thing, for the completion and running of said road, as nearly as can be estimated by competent Engineers, the names and number of the Directors to manage the affairs of the company, who shall hold their office until others are elected, as shall be provided by the by-laws of the company; the place from, and to which, the proposed road is to be constructed, and the counties into and through which it is intended to pass, and its length as near as may be. Each subscriber to such article of association shall personally subscribe thereto his name, place of residence, and the number of shares of stock taken by him in such company; provided, that in case a person desirous of becoming a subscriber, but compelled to be absent from the State at the time of subscribing to such articles of association, he having duly paid the ten per cent, required by law upon his subscription, may sign the same by written proxy, or power of attorney, to that effect; and there shall be indorsed, or attached, to the said article so subscribed, all affidavit, made by any three of the Directors named therein, setting forth in substance that said amount of stock has been subscribed, and that all per cent. in cash, thereon, has actually and in good faith been paid in as aforesaid, and that the subscribers to said articles are all known by one, or the other, of the said three Directors, to be subscribers thereto, and to be the persons so represented.
Sec. 3. Articles of association formed in pursuance of the provisions of the foregoing sections shall be filed in the office of the Secretary of State, and thereupon the persons who have, or may, subscribe the same, and all persons who may, from time to time, become stockholders in such company, shall be a body politic and corporate, by the name stated in such articles of association, and shall be capable in law to make contracts, acquire real and personal property, purchase, hold, convey, any and all real and personal property whatever, necessary for the construction, completion, and maintenance of such railroad, and for the erection of all necessary buildings and yards, or places and appurtenances, for the use of the same, and be capable of suing and being sued, and have a common, or corporate, seal, and make and alter the same at pleasure, and generally to possess all the powers and privileges for the purpose of carrying on the business of the corporation, that private individuals and natural persons now enjoy. A copy of any articles of association filed in pursuance of this act, and certified to be a copy by the Secretary of State, or his Deputy, shall, in all courts and places, be presumptive evidence of the incorporation of such company, and of the facts stated therein; and such a copy, so certified, shall be kept in the office of the Secretary of the corporation, subject to examination during office hours by any person.
Sec. 4. The Directors named in the articles of association shall meet and organize as a Board, immediately after their election, or within five days after, having received notice of such election given by the Treasurer, named and designated in the first section of this act; and at the first meeting of the Board, after each annual election of Directors, they shall elect from among their number a President and a Treasurer, they shall also elect a Secretary, who, and their successors in office, shall be officers of the company, and shall hold their respective offices until their successors have been duly elected and qualified. The Secretary and Treasurer, before they enter upon the discharge of their duties, shall each give a bond with sufficient surety for the faithful performance of their respective duties, to be approved by the Board of Directors. The temporary Treasurer required by the first section of this act shall pay over all moneys received by him, as such Treasurer, to the Treasurer elected by the Board of Directors, so soon as the latter has been qualified. The said Board of Directors and every succeeding Board, when deemed necessary, shall open books of subscription to the capital stock of the company, at such times, and in such places, upon such terms, and authorize such persons to receive and superintend the taking of such subscription, as they may direct, due notice of which shall be given; but no subscription of stock, except the original subscription, shall be binding on the company, or parties, so subscribing, until the same shall have been accepted and approved by a resolution of the Board. In case a greater amount of acceptable stock shall be subscribed than the whole capital required by such company, the Board of Directors shall distribute such capital stock so subscribed, as equally as possible among the subscribers; but no share thereof shall be divided in making such distribution, nor shall a greater number of shares be allotted to tiny one subscriber than by him subscribed for.
Sec. .5. There shall be, after the first election of Directors, as prescribed by the first section of this act, annual meetings of the stockholders, held in one of the counties in which, or through which, such road is proposed to be, or may be, constructed, for the election of Directors, to serve for the ensuing year notice of which, appointing a time and place, shall be given for the first annual election and every subsequent election thereafter, as prescribed by the by-laws of the company, or by a resolution of the Board of Directors, which notice shall be published not less than twenty days previous thereto, in a newspaper published in each county through, or into, which road shall pass, or be intended to run, (if there be stockholders residing therein,) in which a newspaper shall be published; and if no newspaper is published therein then by six written, or printed, notices, put up in the most public places in said county. Directors shall be elected from time to time, as a majority of the whole stock shall determine, or as the by-laws shall designate, as may be determined in the formation of articles of association, in pursuance of the provisions of the first and second sections of this act, shall be chosen at such meetings of stockholders, by ballet, and by a majority of the votes of the stockholders being present in person or by written proxy; and every such stockholder, being so present, either in person, or by proxy, at any election for Directors, shall be entitled to give one vote for every share of stock which he may have owned for ten days next preceding such election; but no stockholder shall vote at any such election upon any stock, except such as he shall have owned for ten days. No person shall be Director unless he shall be a stockholder, owning stock absolutely in his own right, and qualified to vote for Directors, at the election at which he may be chosen. The Directors shall hold their office for one year, and until others are elected in their places. At least a majority of the Directors shall at the time of their election, be residents of the State.
Sec. 6. Meetings of stockholders may be called at any time during the interval between the annual meetings, by the Directors or by any number of stockholders owning not less than one-third of the stock, by giving thirty days' public notice of the time and place of the meetings in the manner provided in the next, preceding section for the annual meetings; and when any such meeting is called by the stockholders, the particular object of such meeting shall be stated in such notice, and no other business shall be transacted at such meeting, when so called by the stockholders as, aforesaid, except such as shall be so stated in such notice; and if at any such meeting thus called a majority in value of the stockholders are not represented in person, or by written proxy, such meeting shall be adjourned from day to day, not exceeding three days, without transacting any business; and if within said three days stockholders having at least a majority in interest of the stock do not attend and participate in such meeting, then the meeting shall be dissolved. In case the capital stock shall at any time be greater than is necessary for completing, operating, and maintaining the road, then the capital stock may be reduced by a two-thirds' vote of the capital stock in interest, to the amount actually required.
Sec. 7. At all general meetings of the stockholders, two-thirds in value of the stockholders of the company being present in person, or by proxy, may remove any President, or any Director, of such company, and elect others in their stead; provided, notice of such intended removal shall have been given, as required in the last two preceding sections.
Sec. 8. In case it shall happen at any time that an election of Directors shall not be made on the day designated by the by-laws of the company, when it ought to have been made, the company, for that reason, shall not be dissolved, if, within ninety days thereafter they shall hold an election for Directors in such manner as shall be provided by the by-laws of the company. There shall also be a Vice-President of the company, should the Directors deem it necessary, to be chosen from the Board, and also, such subordinate officers as the company, by its by-laws, may designate, who need not necessarily be stockholders. The said officers shall be chosen at such times and for such terms, and the Directors may fix the compensation of each, and they shall give such security for the faithful performance of the duties of their respective offices as the Directors shall require, or as may be established by the by-laws of the company; and any such officers may be removed from office by the Board of Directors, and the vacancy filled by said Board for the remainder of the term of office; and the Directors of such company shall also have power to fill all vacancies in their own body, and of all officers of the company, occasioned by death, resignation, or any other cause whatever.
Sec. 9. The Directors of any railroad company heretofore incorporated, or which may be incorporated hereafter, from and after its incorporation, or organization, in pursuance of the provisions of this act, or of any law now in force in this State, shall, for and on behalf of such company, manage the affairs thereof, make and execute contracts, of whatsoever nature or kind, fully and completely to carry out the objects and purposes of such corporation, in such way and manner as they may think proper, and exercise generally the corporate powers of such company; and such Directors shall also have full power to make such by-laws as they may think proper, and alter the same from time to time, for the transfer of the stock and the management of the property and business of the company, of every description whatsoever, within the objects and purposes of such company, and for prescribing the duties of officers, artificers, and employés of said company, and for the appointment of all officers, and all else that by them may be deemed needful and proper, within the scope and power of said company; provided, that such by-laws shall be approved by the stockholders, and shall not be inconsistent, or in conflict, with the laws of this State, or with the articles of association.
Sec. 10. The Directors shall also cause to be kept a book, to be called "Record of Corporation Debts," in which the Secretary shall record all written contracts of the Directors, and a succinct statement of the debts of the company, the amount thereof, and with whom made, which book shall at all times be open to the inspection of any stockholder, or party in interest. When any contract, or debt, shall be paid, or discharged, the Secretary shall make a memorandum thereof, in the margin, or in some convenient place in the record where here the same is recorded. No contract shall be binding on the company unless made in writing.
Sec. 11. The Secretary of the corporation, who may be elected by the Directors named in the articles of association, and every succeeding Secretary elected during the continuance of said corporation, shall keep, in a book provided for that purpose, a correct record of the proceedings of each meeting of the company, as well as of the Board of Directors, such record showing the name of each Director present at the opening of each meeting of the Board, and at what stage of the proceedings any Director, previously absent, may appear, and also at what stage of the proceedings any Director may obtain leave of absence. The record shall also show the name of each Director voting against any proposition, wherever any Director may require the same to be placed upon the record. Prior to the adjournment of each meeting of the company, or of the Board of Directors, the record of the proceedings, of such meeting shall be read and approved; and he shall also keep such other books as may be deemed necessary, or prescribed by the Directors, in which all the business transactions of the company shall be plainly and accurately kept; he shall keep a book to be labeled "Book of Stockholders," which shall contain the names of all persons, alphabetically arranged, who are, or shall have been, stockholders of said company, and showing their places of residence, if known, the number of shares of stock, held by them respectively, the time when they, respectively, became the owners of such shares, the amount of cash actually paid to the company by them, respectively, for their stock, as also the time when they have ceased to be stockholders, which book, during the office hours of said Secretary, shall be open for the inspection of stockholders and creditors of the company, and their personal representatives at the office of said Secretary. There shall also be kept by the Secretary, a transfer book, in which all transfers of stock shall be duly entered, and no transfer of stock of such company shall be valid, for any purpose whatever, except as between the parties thereto, until it shall have been entered therein by an entry showing to, and by whom, transferred, the numbers and designation of the shares, and the date of transfer, and duly attested by said Secretary; and said book shall be presumptive evidence of the facts therein stated.
Sec. 12. The stock of such company shall be deemed personal estate, and shall be transferable in the manner provided by the preceding section, and upon the books of the company, upon proper assignment and delivery to the assignee of the receipts for the installments paid on such stock, or the certificates of stock, when fully paid; but no shares shall be transferable until all previous calls, or installments, thereon, shall have been fully paid in; nor shall any transfer of the stock of such company be valid, except as between the parties by whom, and to whom, the same is transferred unless at least twenty per cent. has been paid thereon, and certificates issued therefor, until the same is approved by the Board of Directors. Any stockholder transferring his shares of stock in the manner aforesaid, and in compliance with the by-laws of the company, and the same being approved by the Board of Directors as aforesaid, shall, from and after the date of such approval, cease to be a stockholder in such company, and shall not be liable to ally future calls from the Directors, nor for any debts that may be contracted by said company thereafter. But this shall not release him from his proportion of debts and liabilities contracted by the company prior to his ceasing to be a stockholder; but each stockholder of such company shall be individually liable to the creditors of such company for his proportion that is to say, in proportion to the amount of stock by him held, for all the debts and liabilities of such company, except as above provided; provided, that in no case shall judgment be rendered against an individual stockholder, or his private property be levied upon the payment of corporate debts, while corporate property can be found with which to satisfy the same, and in no case only to the amount of such stockholder's proportion or liability, as before provided; but it will be sufficient proof that no corporate property can be found if an execution has issued on a judgment against the corporation, and a demand made thereon, of some one of the last acting officers of the corporation, for property on which to levy, and he neglects, or refuses, to point out any such property, and the stockholders likewise so neglect, or refuse, and the said execution is returned by the officer who holds the same for service, to the court from whom it was issued, indorsed, in substance, "that no property belonging to said corporation call be found to levy upon sufficient to satisfy said execution, or any part thereof," but if any stockholder of such corporation, in any stage of the calls, shall satisfy the court by affidavit, or otherwise of such property subject to levy, all proceedings against any individual stockholder shall be stayed until the property of the corporation can be levied upon and sold; the court may subsequently render judgment, and order execution against any, or all, of the individual stockholders, for their proportion; that is to say, in proportion to the amount of stock held by each for any balance of the debts and liabilities of such corporation which may be found due after exhausting the corporate property of such corporation as before provided. When the private property of a stockholder is taken for a corporate debt, or he may otherwise pay, or discharge, the same, without levy and sale of his property, be may maintain an action against the corporation for indemnity, and against any of the stockholders for contribution.
Sec. 13. It shall be lawful for the Directors of such company to call in and demand from the stockholders the sums by them subscribed, in equal installments of not more than ten per cent. per month, unless otherwise stipulated in the articles of subscription, at such times as they may deem proper. Notice of each assessment shall be given to the stockholders, personally, or shall be published once a week, for at least four weeks, in a newspaper published at the place designated as the principal place of business of the corporation, or if none is published there, in some newspaper nearest to such place, which notice shall be substantially in the following form:
" NOTICE is hereby given that an assessment of __ Dollars per share on the stock of _____ Company is due and payable at the office of the company in [and at such other places as the Directors may designate, naming them], within thirty days from date. All shareholders are requested to make payment on, or before, that time, or such assessments will be promptly collected in the manner prescribed by law. _______, Secretary.,"
If, after such notice has been given, any stockholder shall make default in the payment of the assessment upon the shares held by him, so many of such shares may be sold as will be necessary for the payment of the assessment on all the shares held by him. The sale or said shares shall be made as prescribed in the by-laws of the company; provided, that no sale shall be made except at public auction to the highest bidder, and at such sale, the person who will agree to pay the assessment so due, together with the expense of advertisement and the other expenses of sale for the smallest number of whole shares, shall be deemed to be the highest bidder; provided, further, that the assessments for the first twenty per cent. payable on any shares of stock, may, at the option of the Directors, be collected by suit, to be brought before any court having jurisdiction, for the recovery of the amount due from any stockholder, from time to time. All stockholders shall be liable to such sale, and recovery by suit at law as aforesaid, for installments due, or required to be paid by such Directors, as prescribed by this act.
Sec. 14. Certificates of stock shall be issued signed by the President and Secretary, in such manner as may be prescribed by the by-laws of the company, for all stock, fully paid up, from time to time, in compliance with the requirements of such Directors, or that may be fully paid in advance of such requirements by the voluntary act of any stockholder of such company.
Sec. 15. Such companies, after at least ten per cent. on all their capital stock has been paid, in cash, into the treasury of the corporation shall have power to borrow, from time to time, on the credit of the corporation, and under such restrictions as two-thirds in interest of the stockholders may impose, such sum, or sums, of money, not exceeding in all the amount of its capital, as may be necessary for the construction and equipment of their road, at a rate of interest not exceeding ten per cent. per annum, and to execute bonds, or promissory notes, therefor, in sums of not less than one thousand dollars in any one note, or bond, and to receive said notes, or bonds, may mortgage their corporate property and franchise, and pledge the income of the company; and the Directors of such company shall also provide in such manner as to them may seem best, a Sinking Fund, to be specially applied to the redemption of such bonds, on, or before, their maturity, and may also confer on any holder of any bond so issued for money borrowed, or in payment of any debt, or contract, for the construction and equipment of such road aforesaid, the right to convert the principal due, or owing thereon, into stock of such company, at any time within eight years from the date of such bond, under such regulations as the company may adopt. (This section repealed by the following amendment, May 14, 1862.)
Sec. 15. Such companies shall have power to borrow, from time to time, on the credit of the corporation, and under such regulations and restrictions as the Directors thereof, by unanimous concurrence, may impose, such sums of money as they may deem necessary for constructing and completing their railroad, and to issue and dispose of bonds or promissory notes therefor, in denominations of not less than five hundred dollars, and at a rate of interest not exceeding ten per cent. per annum; and also, to issue bonds or promissory notes, of the denomination aforesaid, and at the rate of interest aforesaid, in payment of any debts or contracts for constructing and completing their road, with its equipments, and all else relative thereto; provided, however, that the amount of bonds, or promissory notes, issued by such companies, for the purposes aforesaid, shall not exceed, in all, the amount of their capital stock; and to secure the payment of said bonds or notes, may mortgage their corporate property and franchises. And the Directors of such companies shall also provide, in such manner as to them may seem best, a Sinking Fund, to be specially applied to the redemption of such bonds, on or before their maturity, and way also confer on any holder of any bond or note so issued, for money borrowed, or in payment of any debt or contract for the construction and equipment of such road, as aforesaid, the right to convert the principal due or owing thereon, into stock of such companies, at any time within eight years from the date of such bonds, under such regulations us the Directors may adopt. (This amendment took effect May 14, 1862.)
Sec. 16. The President and Secretary and a majority of the Directors, within thirty days after the payment of the last installment of the capital stock so fixed and limited by the company, shall make a certificate stating the amount of capital so fixed and paid in, which certificate shall be signed by the President and Secretary, and a majority of the Directors, and sworn to by such President and Secretary, and they shall, within the said thirty days, file the same in the office of the Secretary of State.
Sec. 17. Every railroad corporation shall have power:
First. To cause such examination and surveys for the proposed railroad to be made as may be necessary to the selection of the most advantageous route for the railroad, and, for such purposes, by their officers, agents, and employés to enter upon the lands, or waters, of any person, but subject to responsibility for all damages which they shall do thereto.
Second. To receive, hold, take, and convey, by deed, or otherwise, the same as a natural person might, or could do, such voluntary grants and donations of real estate, and other property of every description, as shall be made to it, to aid and encourage the construction, maintenance, and accommodation of such railroad.
Third. To purchase, and by voluntary grants and donations receive and take, and by its officers, engineers, surveyors, and agents, enter upon and take possession of, and hold and use, in any manner they may deem proper, all such lands, and real estate, and other property, as the Directors may deem necessary and proper for the construction and maintenance of such railroad, and for the stations, dépôts, and other accommodations and purposes, deemed necessary to accomplish the objects for which the corporation is created.
Fourth. To lay out this road, of roads, not exceeding nine rods wide, and to construct and maintain the same, with a single, or double track, with such appendages as may be deemed necessary for the convenient use of the same, and for the purpose of making embankments, excavations, ditches, drains, culverts, or otherwise, and procuring timber, stone, and gravel, or other materials, may take as much more land whenever they may think proper, as may be necessary for the purposes aforesaid, in the manner hereinafter provided, for the proper construction and security of the road.
Fifth. 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 shall intersect, cross, or run 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, as near as may be, or in a sufficient manner, not to have unnecessarily impaired its usefulness, or injured its franchises.
Sixth. To cross, intersect, join, and unite, its railroad with any other railroad, either before, or after, constructed, at any point upon its route, and upon the grounds of such other railroad company, with the necessary turnouts, sidings, and switches, and other conveniences, in furtherance of the objects of its connections; and every company 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 the facilities aforesaid; and if the two corporations can not agree upon the amount of compensation to be made therefor, or the points, or the manner, of such crossings, intersections, and connections, the same shall be ascertained and determined by Commissioners, to be appointed as is provided hereinafter in respect to the taking of lands, but this section is not to affect the rights and franchises heretofore granted.
Seventh. To purchase lands, timber, stone, gravel, or other materials, to be used in the construction and maintenance of its road, or take them in the manner provided by this act; may change the line of its road, in whole, or in part, whenever a majority of the Directors shall so determine, as is provided hereinafter; but no such change shall vary the general route of such road, as contemplated in the articles of association of such company.
Eighth. To receive, by purchase, donation, or otherwise, any lands, or other property, of any description, and to hold and convey the same in any manner the Directors may think proper, the same as natural persons might, or could, do, that may be necessary for the construction and maintenance of its road, or for the erection of dépôts, turnouts, workshops, warehouses, or for any other purposes necessary for the conveniences of such companies, in order to transact the business usual for such railroad companies.
Ninth. To take, transport, carry, and convey, persons and property, on their railroad, by the force and power of steam, of animals, or any mechanical power, or by any combination of them, and receive tolls, or compensation, therefor.
Tenth. To erect and maintain all necessary and convenient buildings, stations, dépôts and fixtures, and machinery, for the accommodation and use of their passengers, freight, and business, and obtain and hold the lands and other property necessary therefor.
Eleventh. To regulate the time and manner in which passengers and property shall be transported, and the tolls and compensation to be paid therefor, within the limits prescribed by law.
Twelfth. To regulate the force and speed of their locomotives, cars, trains, or other machinery, used and employed on their road, and to establish, execute, and enforce, all needful and proper rules and regulations, fully and completely, for the management of its business transactions, usual and proper for railroad companies.
Thirteenth. To possess and be subject to all of the provisions of chapter one, of an act entitled "An Act Concerning Corporations," passed April twenty-second, A.D. Eighteen Hundred and Fifty, so far as such provisions are not in conflict, or inconsistent, with the provisions of this act.
Sec. 18. If at any time after the location of the line of such railroad, in whole, or in part, and the filing of the map thereof, as provided by this act, it shall appear to the Directors of such company that the same may be improved, such Directors may, from time to time, alter or change the line, in any manner they may think proper, and cause a new map to be filed in the office where the map showing the first location is filed, and may thereupon take possession of the land embraced in such new location, that may be required for the construction and maintenance of such road on such new line, either by agreement with the owner or owners, of such land, or by such proceedings as are authorized under the provisions of this act, and use and enjoy the same in place of the title for which the new is substituted; but nothing in this act shall be so construed as to confer any powers on such companies to so change their road as to avoid any point named in their articles of association, except as provided in section seventeen, subdivision seven, of this act.
Sec. 19. Whenever the, track of such railroad shall cross 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, shall make a change in the line of such railroad or highway desirable, with a view to a more easy ascent or descent, the said company may take such additional lands and materials, if needed, for the construction of such road or highway, on such new line, as may be deemed requisite by said Directors. Unless the lands and materials so taken shall be purchased, or voluntarily given, for the purposes aforesaid, compensation therefor shall be ascertained, in the manner in this act provided, as nearly as may be, and duly made by such corporation to the owners and persons interested in such lands; and the same when so taken, and compensation made, to become part of such intersecting road or highway, in such manner and by such terms, as the adjacent parts of such highway may be held for highway purposes.
Sec. 20. The Right of Way is hereby given and granted to all railroad companies that are now organized, or may be organized, under the provisions of this act, to locate, construct, and maintain their roads, or any parts or parcels thereof, over and through any of the swamp or overflowed lands belonging to this State, or any other public lands which are now, or may be, the property or this State, at the time of constructing said railroad; and the said railroad companies are hereby authorized to survey and mark through the said lands of the State, to be hold by them for the track of their respective railroads, one hundred feet in width for the whole length the said roads may be located over the lands of the State; and in cases where deep excavations, or heavy embankments or other cuttings or structures, whatever, or ditches, drains, canals, culverts, or other structure, to protect the road bed, and to facilitate the use and enjoyment of the same, is, or may be required for the grade, or other uses of said roads, then at such places a greater width may be taken by such company, and which is hereby given, not exceeding two hundred feet wide. And the right is hereby further given and granted to said companies to locate, occupy, and hold, all necessary sites and grounds for watering places, dépôts, or other buildings for the convenient use of the same, along the line of said road or roads, so far as the places convenient for the same may fall upon the lands belonging to the State, except within the limits of any incorporated city, or town, or within three miles thereof, where the same shall be taken, and paying to the State the value of the same; and, provided, that no one dépôt, watering place, machine or workshop, or other buildings, for the convenient use of such roads, shall cover over two square acres each, and that said sites or places, on the lands of this State, shall not be nearer to each other than three miles, along the lines of said roads; the right is hereby further given and granted to said companies to take from any of the lands belonging to this State, all such materials of earth, wood, stone, or other materials whatever, as may be necessary or convenient, from time to time, for the first construction or equipment of said road or roads, or any part thereof; provided, that the grants herein made, as well of the use of the land of this State as for the materials for the construction and equipment of said road or roads, shall cease and determine as respects each particular road which shall not have been begun and completed within the times limited in section thirty-nine [54?] of this act: and, provided, further, that if any road, at any time alter its location, shall be discontinued, or abandoned, by said company or companies, or the location of any part thereof be so changed as not to cover the lands of the State thus previously occupied, then the lands so abandoned or left shall revert to this State; and, provided, further, that when the location of the route of either of said railroads, or sites, or places for dépôts, watering places, machine or workshops, or other buildings for the convenient use of the same, shall be selected, the Secretary of the said company shall transmit to the Surveyor General, and to the Controller of this State, and to the Recorder of the county in which the lands so selected are situated, to each of said officers a correct plan of the location of said railroad, or sites, or places, before such selection shall become operative. And when any such company shall, for its purposes aforesaid, require any of the land belonging to any of the counties, cities, or towns in this State, the country, city and town officers, respectively, having charge of such lands, may grant and convey such land to such company for a compensation which shall be agreed upon between them, or may denote and convey the same without any compensation; and if they shall not agree upon the sale and price, the same may be taken by the company, as is provided in other cases of taking lands by the provisions of this act.
Sec. 21. Any county, city or town, in this State, shall have and are hereby fully empowered, by and through a two-thirds vote of the Board of Supervisors, the Common Council, or my other officers having a supervisory, or other control of such county, city or towns, respectively, to give, grant or donate, to any railroad company now organized, or that may be hereafter organized, under the laws of this State, the use of any of the streets or highways, which may be absolutely necessary in order to enable any such company to reach an accessible point for a dépôt in any such county, city and county, city or town, or to pass through the same on as direct a route as possible, and accommodate the traveling and commercial interests thereof; provided, however, the provisions of this section shall not apply to any street railroad now constructed, or hereafter to be constructed, in any of the incorporated cities of this State; nor shall any railroad company, who may avail themselves of the provisions of this section, ever use their road for street railroad purpose, or for the purpose of carrying passengers for a consideration, from one point to another in the same city; nor shall any city or town donate any public square, or any land set apart, or public square, to the use of any one company; and, provided, further, that nothing in this section contained, shall be deemed to apply to the city of Sacramento within the corporate limits thereof.
Sec. 22. Any railroad company organized under the provisions of this act, or any railroad company now organized under any law of this State, which shall accept the provisions of this act, as herein provided, is hereby authorized to enter upon any land for the purpose of surveying the line of its proposed railroad, the company being responsible for any damage occasioned by such entry; and such company is also authorized to acquire, purchase, and hold any real estate, or any right, title, or interest therein, which may be necessary or proper for the purpose of the construction or maintenance of the track or tracks, water stations, dépôts, machine or workshops, turn-tables, or any other building or structure, necessary for such railroad; but such company shall not hold such real estate, or any right, title, or interest therein, acquired or used solely or mainly, for the construction or maintenance of the track or tracks, of said railroad, beyond the time of the legal existence of said company, nor after the location of said track or tracks has been changed therefrom, nor after the said company shall have failed, or ceased to use the same, for the maintenance of such track, for the space of five years continuously; but in each of such cases, the said real estate, and all the right, title, and interest therein, shall revert to the person, or persons, and his, or their assigns, from whom the same was acquired by said company.
Sec. 23. If it shall become necessary for any of the purposes aforesaid for such company to acquire any real estate, or any right, title, or interest thereon, which is the property of an infant, idiot, or insane person, the Guardian, Executor, or Administrator, as the case may be, may sell and convey the same to said company, but neither such sale nor conveyance shall be valid, for any purpose, until the same shall have been approved by the Judge of the proper Probate Court; and said Judge is hereby authorized to examine such deeds and conveyances, and if he shall deem the same just and proper, he shall approve the same, and, thereupon, such conveyances shall have the same force and effect, for the purposes in this section mentioned, as if the same had been executed by persons competent to convey lands in their own names. If such company can not contract for the purchase of any real estate, or any right, title, or interest therein, necessary for any of the purposes aforesaid, from the person, or persons, owning the same, then such company may acquire the same, for the purposes in this section expressed, by means of the special proceedings prescribed in this act.
Sec. 24. Said special proceedings shall be conducted substantially as follows: The said company shall file in the Clerk's office of the County Court, or the District Court, in the county in which said real estate is situated, a petition, verified according to law, stating therein the name of the company, the time when it was incorporated, that it still continues in legal existence, the principal termini of the proposed railroad, the descriptions, by metes and bounds, or by some accurate designation of the tract, or tracts of land, which said company desire to appropriate, for the purposes in the foregoing section mentioned, that said tract or tracts of land, are necessary for said purposes, that the line of said railroad has been surveyed, and a map thereof made (a copy of which shall be flied with said petition) that said line has been adopted as the route of said railroad, and the names of the persons in possession of said tract, or tracts of land, and of those claiming any right, title, or interest therein, as far as the same can be ascertained by reasonable diligence.
Sec. 25. The persons in occupation of said tract, or tracts of land, and those having any right, title, or interest therein, whether named in the petition or not, shall be defendants thereto; and may appear and show cause against the same, and may appear and be heard before the Commissioners herein provided for, and in proceedings subsequent thereto, in the same manner as if they had appeared and answered said petition.
Sec. 26. The said court, or Judge thereof, either in term, time, or vacation, shall, by order, appoint the time for the bearing of said petition, and such hearing may be bad, and all orders in said proceedings may be made by the said court, or the Judge thereof, either in term time or vacation.
Sec. 27. The said company shall cause all the occupants and owners of said tract, or tracts of land, so far as the same can be ascertained by reasonable diligence, who reside in said county, to be personally notified of the pendency of said petition, at least ten days before the hearing thereof, and if any of said occupants or owners are unknown, or do not reside in said county, and have not been personally notified of the pendency of said petition, said company shall cause a notice stating the filing of said petition, the object thereof, the tracts of land sought to be appropriated, and the time and the place of the bearing of said petition, to be published for four successive weeks previous to the time of hearing of said petition, in a newspaper published in said county, or if none is published in said county, then in a newspaper published nearest to said county.
Sec. 28. The defendants to said petition may appear and show cause against said petition, on or before the time for file bearing thereof, or such other time as the hearing may be continued to and upon satisfactory proof being made that the defendants have been duly notified of the pendency of said petition, as herein proscribed, and upon the hearing of the allegations and proofs of the said parties, if the said court, or Judge, shall be satisfied that the said lands, or any part thereof, are necessary or proper for any of the purposes mentioned in said petition, then such court or Judge shall appoint three competent and disinterested persons as Commissioners, one of whom shall be selected from among the persons, if any, named for that purpose, by said company, and one shall be selected from among the persons, if any, named on the part of any of the defendants, to ascertain and assess the compensation to be paid to the person or persons, having or holding any right, title, or interest in, or to, each of said tracts of land, for and in consideration of the appropriation of such land to the use of said company. If any vacancy occur among said commissioners, by reason of any one, or more, of them refusing or neglecting to act, or by any other means, one or more Commissioners may be appointed by said court, or Judge, to fill such vacancy, upon notice being given of such vacancy, as the said court, or Judge, may direct.
Sec. 29, The said court, or Judge, shall appoint the time and place for the first meeting of said Commissioners, and the time for the filing of their report, and may give such further time as may be necessary for that purpose, if they shall not have then completed their duties. The said Commissioners, or a majority of them, shall meet at the time and place its ordered, and before entering on their duties shall be duly sworn to honestly, faithfully, and impartially perform the duties imposed upon them; and any one of them may issue subpoenas for witnesses for either of said parties, and may administer oaths; and said Commissioners may adjourn from place to place, and from time to time, as may be necessary for the proper discharge of their duties.
Sec. 30. The said Commissioners shall proceed to view the several tracts of land, as ordered by said court, or Judge, and shall hear the allegations and proofs of said parties, and shall ascertain and assess the compensation for the land sought to be appropriated, to be paid by said company to the person or persons, baying, or holding, any right, title or interest, in, or to, each of the several tracts of land; and in ascertaining and assessing such compensation, they shall take into consideration and make allowance for any benefit, or advantage, that in their opinion will accrue to such person, or persons, by reason of the construction of the railroad as proposed by said company; and they shall on, or before, the time, or times, as ordered by said court, or Judge, file in the said Clerk's office their report signed by them, setting forth their proceedings in the premises; and they may include all of said tracts in one report, or they may make several reports, including one, or more, or said tracts of land, if the court, or Judge, shall so order, or if they shall deem it proper.
Sec. 31. The said company, or any of said defendants, if dissatisfied with the report, may, within twenty days after the time for the filing of said report, and after ten days' notice to the parties interested, move to set aside the report and to have a new trial as to any tract of land; and upon good cause shown therefor, the said court, or Judge, shall set aside the report as to such tract of land, and may recommit the matter to the same, or to other, Commissioners, who shall be ordered to proceed in like manner as those first appointed; but such matter shall not be more than twice recommitted to Commissioners.
Sec. 32. Upon the expiration of twenty days after the filing of said report, or reports, or at such further time as may be appointed therefor, if the motion and notice shall not have been made and given, as aforesaid, and if the proceedings of said Commissioners appear to have been correctly and properly done, the said court, or Judge, shall confirm each of said reports, and certify the same thereon.
Sec. 33. Each of said reports and the certificates thereon, upon the compensation therein named being paid, shall be recorded in the Recorder's office of said county, by said company. The said court or Judge, may make all such orders as maybe necessary, or proper, in the special proceedings provided for in this act, and shall cause the pleadings and proceedings to be amended whenever justice shall require it to be done, and shall direct the manner of the service of all orders and notices not herein specially provided for. Costs in such special proceedings shall be taxed by the Clerk, at the rates prescribed in the fee bill for said county, in civil actions, and shall be paid by said company, except in case where a defendant shall move for a new trial, and the compensation assessed by the Commissioners shall not be increased more than ten per cent. upon the previous assessment, in which case such defendant shall pay the cost.
Sec. 34. If the title attempted to be acquired by virtue of the provisions of this act shall be found to be defective from any cause, such company may again institute proceedings to acquire the same, as in this act prescribed.
Sec. 35. Upon the report of the Commissioners being filed for record, as above provided for, and upon the payment, or tender, of the compensation and costs, as prescribed in this act, the real estate, or the right, title, or interest, therein described in such report, shall be, and become, the property of said company, for the purposes of its incorporation, and shall be deemed to be acquired for, and appropriated to, public use.
Sec. 36. Such company shall, within thirty days after the final confirmation of the report as aforesaid, pay, or tender, the sum of money ascertained and assessed by said Commissioners as, and for, the compensation of each tract of land described in that report, of which the compensation was ordered, by said court, or Judge, to be ascertained and assessed as aforesaid; and said payment, or tender, may be made to the person, or persons, owning said tract of land, or having, or holding, any right, title, or interest, therein, according to the amount, or extent, of the right, title, or interest, owned, or held, therein, by such person, or persons, or said payment may be made to the said Clerk for said persons, and the same shall be deemed and taken as payment to and person, or persons, and shall be as effectual for all purposes whatsoever as if the said sum of money had been personally paid to each and all of the persons entitled thereto.
Sec. 37. The said court, or Judge, shall at the time of the payment of the said sum of money to the said Clerk, or at such other time, or times, as may be ordered, direct and order the same to be paid over to the person, or persons, who shall upon satisfactory proof, appear to be entitled thereto.
Sec. 38. In all the proceedings in relation to the sale, or appropriation, of real estate, and ascertaining and receiving the compensation therefor, for railroad purposes, as prescribed in this act, the term "person" shall be deemed to include municipal, or other corporations.
Sec 39. The minutes of the proceedings, had before such Judge, shall be entered by said Clerk, in the same manner, and with the same force and effect, as if the proceedings were had before said court in term time.
Sec. 40. It shall be lawful for two, or more, railroad companies to amalgamate and consolidate their capital stock, debts, property, assets, and franchises, in such manner as maybe agreed upon by the Board of Directors of such companies so desiring to amalgamate and consolidate their interests; but no such amalgamation, or consolidation, shall take place without the written consent of three-fourths of the value of all stockholders in interest of each company and no such amalgamation, or consolidation, shall, in any way, relieve such companies, or the stockholders, thereof, from any and all just liabilities; and in case of such amalgamation, or consolidation, due notice of the same shall be given, by advertising, for one month, in at least one newspaper in each county, if there shall be one published therein, into, or through, which such roads shall 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 association shall be filed in the office of the Secretary of State. It shall be the duty of the railroad company to make and maintain a good and sufficient fence on either, or both, sides of their property; and in case any company do not make, and maintain such fence, if their engine, or cars, shall kill, maim, or destroy, any cattle, or other domestic animals, when they stray upon their line of road, where it passes through, or along side of, the property of the owners thereof, they shall pay to the owner, or owners, of such cattle, or other domestic animals, a fair market price for the same, unless the owner, or owners, of the animal, or animals, so killed, maimed, or destroyed, shall be negligent, or at fault. In any case where the railroad company have heretofore, or may hereafter, pay to the owner, or owners, of the land through which, or along side of which, their road is, or may be, located, an agreed price for making and maintaining such fence, or whenever the cost of such fence has been, or may be, included in the award of damages allowed and paid for the right of way for such railroad, such company shall be entirely relieved and exonerated from all claims, or awards, of damages arising out of the killing, or maiming, any animals as aforesaid, in favor of all persons, or their successors, or assigns, who shall thus fall to construct and maintain such fence. And the owner, or owners, of such animals, shall become responsible to the railroad company for any damage, or loss, which may accrue to such company, from such animals being upon their railroad track, by reason of the non-construction of such fence by said owner, unless it can be proven that such loss, or damage, accrued by reason of the negligence of such company, its officers, agents, or employés.
Sec. 41. A bell, of at least twenty pounds' weight, shall be placed on each locomotive engine, and be rung at a distance of at least eight rods from the place where the railroad shall cross any street, road, or highway, and be kept ringing until it shall have crossed such street, road, or highway, under a penalty of one hundred dollars for every neglect, to be paid by the corporation owning the railroad, one-half thereof to go to the informer, and the other hair to the State; and said corporation shall also be liable for all damage which shall be sustained by any person, by reason of such neglect.
Sec. 42. A cheek shall be affixed to every package, or parcel, of baggage, when taken for transportation by the Agent, or employé, of such railroad company, and a duplicate thereof given to the passenger or person delivering the same in his behalf; and if such check be refused on demand, the railroad company shall pay to such passenger the sum of twenty dollars, to be recovered in an action for debt; and, further, no fare or toll shall be collected, or received, from such passenger, and if such passenger shall have paid his, or her, said fare, the same shall be returned by the Conductor in charge of the train, and on producing said cheek, if his, or her, baggage shall not be delivered to him, or to her, by the Agent, or employé, of said railroad company, he, or she, may, himself, or herself, be a witness in any suit brought by him, or her, to recover the value thereof, to prove the contents slid value of said baggage.
Sec. 43. Every railroad company in this State shall, within a reasonable time after their road shall be finally located, cause to be made a map and profile thereof, and of the land taken and obtained for the use thereof, and the boundaries of the several counties through which said road may run, and file the same in the office of the Secretary of State; find 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 said parts of said road shall be, there to remain as of record forever. The said maps and profiles shall be certified by the Chief Engineer, the acting President, and Secretary, of such company, and copies of the same so certified and filed as aforesaid, shall be kept in the office of the Secretary of the company, subject to examination by all parties interested.
Sec. 44. Every such railroad corporation shall make an annual report to the Secretary of State of the operations of the year ending on the thirty-first day of December, which report shall be verified by the oaths of the President, or acting Superintendent of operations, the Secretary, and Treasurer, of such corporation, and filed in the office of the Secretary of State by the twentieth day of February, in each year, and shall state
|First.||The capital stock and the amount actually paid in.|
|Second.||The amount expended for the purchase of lands for the construction of the road, for buildings, and for engines, and cars, respectively.|
|Third.||The amount and nature of its indebtedness, and the amount due the corporation.|
|Fourth.||The amount received from the transportation of passengers, of property, of malls, express matter, and from other sources.|
|Fifth.||The amount of freight, specifying the quantity in tons.|
|Sixth.||The amount paid for repairs of engines, cars, buildings, and other expenses, in gross, showing the current expenses of running such road.|
|Seventh.||The number and amount of dividends, and when paid.|
|Eighth.||The number of engine-houses and shops, of engines and cars, and their character.|
Sec. 45. Every such company shall start and run their cars for the transportation of persons and property, at such regular times as they shall fix by public notice, and shall furnish sufficient accommodations for the transportation of all such passengers and property as shall, within a reasonable time, previous thereto, offer, or to be offered, for transportation, at the place of starting, and the junction of other railroads and at siding and stopping places, established for receiving and discharging way-passengers and freight, and shall take, transport, and discharge, such passengers and property at, from, and to, such places, on the due payment of tolls, freight, or fare, therefor.
Sec. 46. In case of refusal by such company, or their Agents, so to take and transport any passengers, or property, or to deliver the same at the regular appointed place, such company shall pay to the party aggrieved all damages which shall be sustained thereby, with costs of suit.
Sec. 47. It shall be unlawful to place baggage, freight, merchandise, or lumber cars in the rear of passenger cars, and for any violation of the provisions of this section the company shall be liable, upon Complaint, to the party complaining, in the sum of five hundred dollars, and the person, Agent, Director, or officer, so causing the cars to be placed, shall be guilty of a misdemeanor, and upon conviction of such offense shall be fined in any sum not exceeding five hundred dollars, or imprisonment in the county jail for three months, or both such fine and imprisonment; and should any accident happen to life, or limb, by such unlawful arrangement of cars, the person, Agent, Director, or officer, who so directed, or suffered, such arrangement, shall be guilty of felony and upon conviction thereof shall be imprisoned in the penitentiary for any term not less than three, and not more than ten, years.
Sue. 49. In case any passenger on any railroad shall be injured on the platform of a car, or on any baggage, wood, gravel, or freight, cars, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger car then in the train, or in violation of verbal instructions given by any officer of the train, such company shall not be liable for the injury; provided, said company at the time furnished room inside its passenger cars, sufficient for the accommodation of its passengers.
Sec. 40. If any passenger shall refuse to prepay his fare, or toll, upon demand, it shall be lawful for the Conductor of the train and the employés of the company, to put him out of the cars at any stopping place the Conductor shall elect.
Sec. 60. 'Every Conductor, Baggage-Master, Engineer, Brakeman, or other employé of any such railroad company, employed in its passenger train, or at stations for passengers shall wear upon his hat, or cap, or in some conspicuous place on the breast of his coat, a badge, which shall indicate his office, or station, and the initial letters of the name of the company by which he is employed. No Collector, or Conductor, without such badge, shall demand, or be entitled to receive, from any passenger, any fare, toll, or ticket, or exercise any of the powers of his office, or Station; and no other of said officers, or employés, without such badge, shall have any authority to meddle, or interfere, with any passenger, or property.
Sec. 51. It shall be unlawful for any such railroad company to charge more than ten cents per mile for each passenger, and fifteen cents per mile for each ton of freight transported on its road; and for every transgression of such limitation, the company shall be liable to the party suffering thereby treble the entire amount of fare, or freight, so charged to such party; provided, that in no case shall the company be required to receive less than twenty-five cents for any one lot of freight for any distance.
Sec. 52. If any person shall, while in charge of a locomotive engine, running upon any railroad for such company, or while acting as a Conductor of a car, or train of cars, on any such railroad, be intoxicated, he shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding six months.
Sec. 53. If any person, or persons, shall willfully do, or cause to be done, any act, or acts, whatever, whereby any building, construction, or work, of any kind, of any such company, or any engine, machine, or structure, or any matter, or thing, appertaining to the same, or to the track of said road, or any property or thing, belonging to, or appertaining to, such railroad, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, such person, or persons, so offending, shall be guilty of a misdemeanor, and shall forfeit and pay to said company treble the amount of damages sustained by means of such offense, besides a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment, in the discretion of the Court; and if, by reason of any unlawful acts, any accident should happen to life, or limb, of ally person riding, or being, in the cars of such railroad, then such person, or persons, shall be guilty of felony, and upon conviction thereof, shall be imprisoned in the penitentiary for any term not less than three, nor more than ten, years. It shall be unlawful for any person, or persons, engaged in mining, or other pursuits, to tunnel, drift, or in any manner excavate, under, or upon, any land belonging to any railroad company, without the consent of such company; and any person so offending shall be liable to the fine and punishment hereinbefore mentioned, whether injury results to any person by reason thereof, or not.
Sec. 54. If such railroad company shall not, within two years after the filing of it's original articles of association, begin the construction of its road, and expend thereon at least five per cent. on the amount of its capital stock, and finish the road and put it in full operation within six years, its act of incorporation shall be void.
Sec. 55. If any certificate or report made, or public notice given, by the officers of such company, in pursuance of the provisions of this act shall be false in any material representation, all the officers who shall have signed the same shall be jointly and severally liable for all the debts of the company contracted while they are stockholders, or officers thereof, and shall likewise be guilty of a misdemeanor, and shall be fined in any sum not exceeding one thousand dollars, in any court having jurisdiction, and disqualified from holding any office of trust or profit in such company.
Sec. 56. If the Directors of such company shall declare and pay any dividend when the company is insolvent, or any dividend, the payment of which would render it insolvent, they shall be jointly and severally liable for all the debts of the company then existing, and for all that shall thereafter be contracted, so long as they shall respectively remain in office; provided, that if any of the directors shall be absent at the time of making the dividend, or shall object thereto, and shall, within thirty days thereafter, or after their return, if absent, file a certificate of their absence, or objection, with the Secretary of the company and with the Clerk of the County or District Court of the county, in which the principal office of said company is located they shall be exempt from said liability. All the existing railroad companies in this State may acquire, and may be possessed of all the powers, rights, and benefits, conferred by this act, fully and completely, by filing a written acceptance thereof in the office of the Secretary of State, signed by all the Directors of such company, and attested by the President and Secretary thereof, with the seal of such company affixed thereto; and the acceptance of any part of this act shall be deemed and taken to be an acceptance of the whole act, and a surrender of the act or acts, under which such company may be organized; thereupon such company shall possess all of such powers, rights and benefits, so accepted, and be subject to all of the obligations and restrictions herein specified, as fully and completely as they would have had and been it organized under this act.
Sec. 57. All railroads built by companies incorporated under the provisions of this act, shall be constructed with the best quality of iron rail, known as "T" rail, or "H" rail, or other patterns of equal utility, until otherwise provided by law; provided, the provisions of this section shall not apply to tracks laid down in the streets of incorporated cities or towns. (This section repealed by the following amendment:)
Section 1. Section fifty-seven of the above entitled act is hereby amended so as to read as follows:
Section 57. All railroads built by companies incorporated under the provisions of this Act, shall be constructed of the best quality of iron rail, known as "T" rail, or "H" rail, or other pattern of equal utility, until otherwise provided by law; provided, the provisions of this section shall not apply to tracks laid down in the streets of incorporated cities or towns, or to railroad tracks used exclusively for carrying freight or for mining purposes.
Section 2. Whenever the track of one railroad shall intersect or cross the track of another railroad, whether the same be street railroad wholly within the limits of a city or town, or other railroad, the rails of either or each road shall be so cut and otherwise 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 said railroad can not agree as to the compensation to be made for the said cutting and adjusting of their rails, the same shall be ascertained by Commissions, as hereinbefore provided in respect to the taking of lands.
Section 3. No railroad company heretofore organized, or that may hereafter be organized, under the act of which this act is amendatory and to which it is supplemental, shall have the right to use any of the streets or highways, or any of the lands, or waters, within any incorporated city, or any city and county, of this State, unless the right to use the same be granted to said company by a vote of two-thirds of all the members of the Board of Supervisors, the Common Council, or other similar local authority or said city and county; provided, that the provisions of this section shall in no wise affect any Special grant heretofore made by the Legislature, of the right to construct and maintain street passenger railroads in any city, or city and county of this State; and, provided, that nothing in this act shall be so construed as to exempt any railroad company heretofore organized, or that may hereafter be organized, under the act of which this act is amendatory and to which it is supplemental, from paying to the State the value of any lands or waters within the limits of any city, or city and county, or within three miles thereof, belonging to the State, and used by such company. The restrictions provided in this section shall be in addition to the restrictions and requirements already provided by law.
Section 4. This act shall take effect from and after its passage.
Approved May 6, 1862.
Sec. 58. Corporations may be formed under this act for the purpose of constructing, running, operating, and maintaining a street railroad, or railroads, being wholly within the limits of a city and county, city or town, under a franchise or franchises granted to such corporation, or to their assignors, by an act or acts, of the Legislature of California. Such corporations shall be subject only to the provisions of sections one to sixteen of this act, both inclusive; of subdivisions two, three, four, five, ten and thirteen, of section seventeen, and to the provisions of sections fifty-five, fifty-nine and sixty, and shall have all the rights and powers in such sections and subdivisions granted, and no others if those in this act conferred; but, notwithstanding anything in this act to the contrary provided, such corporations shall also have all the rights, powers, and privileges conferred by the not or acts granting the franchise or franchises, in this section before mentioned.
Sec. 59. An Act entitled "An Act to Provide for the Incorporation of Railroad Companies," approved April twenty-second, Eighteen Hundred and Fifty-Three, and all acts supplementary to, or amendatory thereof, are hereby repealed; provided, however, that this section shall not take effect until the expiration of sixty days from the passage of this act, nor shall the same affect any rights, powers, franchises, or privileges obtained, or now enjoyed, by any person or persons, or company, under any law of this State heretofore in force.
Sec. 60, This act shall take effect and be in force, from and after its passage.
AN ACT to aid in carrying out the Pacific railroad and telegraph act of Congress and other matters relating thereto.
[Approved April 4, 1864]
The people of the State of California, represented in Senate and Assembly, do enact as follows:
Sec. 1. Whereas, by the provisions of an act of Congress, entitled "An Act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other, purposes," approved July 1, 1862, the Central Pacific Railroad Company of California is authorized to construct a railroad and telegraph line in the State of California and in the Territories lying east of said State towards the Missouri River; therefore, to enable the said company more fully and completely to comply with and perform the provisions and conditions of said act of Congress, the said company, their successors and assigns, are hereby authorized and empowered, and the right, power, and privilege is hereby granted to, conferred upon, and vested in them to construct, maintain, and operate the said railroad and telegraph line not only in the State of California, but also in the said Territories lying east of and between said State and the Missouri River, with such branches and extensions of said railroad and telegraph line, or either of them, as said company may deem necessary or proper; and also the right of way for said railroad and telegraph line over any lands belonging to this State, and on, over, and along any streets, roads, highways, rivers, streams, waters, and watercourses, but the same to be so constructed as not to obstruct or destroy the passage or navigation of the same; and also the right to condemn and appropriate to the use of said company such private property, rights, privileges, and franchises as may be proper, necessary, or convenient for the purposes of said railroad and telegraph, the compensation therefor to be ascertained and paid under and by special proceedings, as prescribed in the act providing for the incorporation of railroad companies, approved May 20, 1861, [see above] and the acts supplementary and amendatory thereof; said company to be subject to all the laws of this State concerning railroad and telegraph lines, except that messages and property of the United States, of this State, and of the said company, shall have priority of transportation and transmission over said line of railroad and telegraph; hereby confirming to and vesting in said company all the rights, privileges, franchises, power and authority conferred upon, granted to, or vested in said company by said act of Congress; hereby repealing all laws and parts of laws inconsistent or in conflict with the provisions of this act, or the rights and privileges herein granted.
Sec. 2. This act shall take effect and be in force from and after its passage.
Transcribed by and Courtesy of the Bruce C. Cooper Collection.
From: "THE INDUSTRIAL AND FINANCIAL RESOURCES OF THE UNITED STATES OF AMERICA, as developed by the official returns of the Northern and Southern States and Territories, with an APPENDIX containing a detailed description of Federal, State, and City securities, railroad and canal bonds and shares, bank shares, etc. from statements nearest Jan. 1, 1863, and the CHARTERS OF THE UNION PACIFIC RAILROADS, the GENERAL RAILROAD LAW OF CALIFORNIA, and the BY-LAWS OF THE CENTRAL PACIFIC RAILROAD CO. OF CALIFORNIA." Published by SAMUEL HALLETT, Banker and Railroad Negotiator, NEW YORK, 1864; and California Statutes, 1863-64, p. 471.