84. Loss and damage of goods and baggage; 85. Damages for injuries of persons; 86. Damages to property, including damages by fire and cattle killed on road; 87. General superintendence; 88. Contingencies; 89. Total expenses of operating road. 90. The above statements are to be made without reference to sums actually received or paid during the year. The following statement of the earnings, and cash receipts and payments, is required: 91. From passengers; 92. From freight; 93. From other sources; 94. The above to be stated without reference to the amount actually collected; 95. Receipts during the year from freight; 96. From passengers; 97. From other sources, specifying what in detail; 98. Payments for transportation expenses; 99. For interest; 100. Dividends on stock, amount and rate per cent; 101. Payment to Surplus Fund, and the total amount of the Fund; 102. The number of persons injured in life and limb, and the cause of the injury, and whether passengers or persons employed; whether any such accidents have arisen from carelessness or negligence of any person in the employment of the corporation, and whether such person is retained in the service of the corporation. 103. The provisions of this section apply to all existing railroad corporations or companies, and the reports made in pursuance hereof must be deemed a full compliance with any existing law requiring annual reports. To make annual report. SEC. 2767. Any railroad corporation or company neg- Penalty for lecting to report is liable to a penalty of two hundred neglect. and fifty dollars. SEC. 2768. The general powers and duties of railway corporations, the construction of railways, and railway where pro vided for. Railways, traffic, is provided for and regulated in the Civil Code, Division I, Part IV, Titles III and IV. The liability of railway corporations as common carriers is also regulated by the Civil Code. NOTE.-The subject of railroads, their construction, traffic, etc., might with propriety be placed here, but as all this had been previously arranged under the Titles mentioned in the text, it was deemed best not to disturb the arrangement. Canals for commercial purposes are almost unknown in this State, and such as we have must be left to special statutes affecting them. Should the Legislature provide for a Commissioner of Railways and Railway Traffic, the report here provided for should be made to him. CHAPTER IV. TOLL ROADS. ARTICLE I. CONSTRUCTION OF TOLL ROADS. II. USE OF TOLL ROADS, AND OBSTRUCTIONS THEREON. ARTICLE I. CONSTRUCTION OF TOLL ROADS. SECTION 2778. Provisions of Civil Code applicable. 2779. Notice of and application to construct the road. 2780. Special meeting of Supervisors. 2781. Hearing the application. 2782. Action of Supervisors. 2783. Commissioners, how appointed for other counties and by corporation. 2784. Laying out the road. 2785. Compensation of Commissioners, map and report. 2786. Branches and extensions. 2787. Acquiring lands by grant. 2788. Appropriation of damages for highways taken. 2789. Application, when unnecessary. 2790. Acquiring right of way. 2791. Taking possession. 2792. Orchards and gardens. 2793. Bridging streams. SECTION 2794. One road corporation using the roadbed of another. 2795. How to be constructed. 2796. May relay with what. 2797. Milestones and posts. 2798. Guide posts. 2799. Inspection, certificate, and completion. 2800. Erection of gates, etc. 2801. Abandonment of road, and what becomes of it. 2802. County may purchase road, how. 2803. How the appraisement and award is made, and its effect. of Civil applicable. SEC. 2778. All corporations and companies organized Provisions to construct wagon, turnpike, or plank roads in this Code State for the purpose of taking tolls thereon are subject to the provisions of Titles I and V of Part IV, Division I of the Civil Code; and all such roads are known in this Chapter as toll roads. SEC. 2779. If all lands necessary for the roadbed and other purposes are not otherwise acquired as hereinafter provided, the corporation or company proposing to construct a toll road through any part of a county must publish a notice in some newspaper published therein, and if none, then in the newspaper nearest thereto, once in each week for six successive weeks, specifying the character of the road, the termini, and each town, city, or village through which it is proposed to construct it, and the time when the application hereinafter required will be made. After such notice is complete, on the day specified therein, application must be made to the Board of Supervisors of the county for authority to take the necessary land and to construct the road described in the notice. [New section.] Stats. 1853, p. 169, Secs. 2 and 3; 1869-70, p, 885, Sec. 4. SEC. 2780. On application therefor the President of the Board of Supervisors may call a special meeting to hear the application, ten days notice thereof being served on each of the other Supervisors, either personally or by leaving it at his place of residence if absent; the expense Notice of cation to and appli construct the road. Special meeting of Super visors. Hearing the application. Action of Supervisors. Commissioners, how appointed for other counties poration. of such special meeting and serving notices must be paid. by the applicant. Stats. 1853, p. 114, Sec. 2. SEC. 2781. On the hearing all residents of the county and others interested may appear and be heard. The Board may take testimony, or authorize it to be taken. by any officer of the county, and adjourn the hearing from time to time. SEC. 2782. If it appears to the Board of Supervisors that the public interests will be promoted thereby, a majority of all the elected members thereof may grant the application, and by order authorize the corporation or company to take the real property necessary, and appoint two Commissioners to lay out the road, who are disinterested either in the corporation or company or in any land sought to be taken or adjoining thereto. A copy of this order must be recorded in the County Clerk's office before action under it is had. Stats. 1853, p. 171, Sec. 15; 1853, p. 114, Sec. 2. SEC. 2783. If the route extends into more than one county the application must specify their names, and the Board of Supervisors of each of such counties must and by cor- appoint Commissioners to act in their respective counties with the Commissioner and surveyor of the company or corporation, as provided in Title V, Part IV, Division I of the Civil Code. The company or corporation must appoint one Commissioner of like qualification as those appointed by the Board of Supervisors, and furnish a surveyor to accompany and act with them. Laying out the road. Stats. 1853, p. 114, Sec. 2. SEC. 2784. The Commissioners must take the oath of office, and view and lay out the road as in their judgment will best promote the public interest. They must hear all persons interested, and may take testimony; they may determine the breadth of the way, not exceeding one hundred feet, except where the company acquire a greater breadth by grant. They must make, sign, and certify an accurate survey and description of the route. and of the land necessary for the road, buildings, and gates in each county, and record the same in the office of the County Clerk thereof. When the breadth of the road is not fixed by the Commissioners it may be fixed by the Commissioner of Highways or the Board of Supervisors of the county. Stats. 1853, p. 171, Sec. 15; Stats. 1869-70, p. 885, Sec. 4; N. Y. P. C., Sec. 614-modified. tion of Commis sioners, map and report. SEC. 2785. The corporation or the company must pay Compensato each Commissioner his expenses and three dollars a day for his services; cause their surveyor to make the map of the proposed road, which, when approved and certified by the Commissioners, must be filed with the report in the office of the Clerk of the Board of Supervisors and recorded. and SEC. 2786. The Directors of any such corporation or Branches company may, with the written consent of the holders of extensions. two thirds of the stock, proceed in the manner prescribed by the preceding seven sections to construct branches to their road, or to extend it or alter any part of its route or branches. SEC. 2787. Lands necessary for the purposes of the road or appurtenances may be acquired by grant; those within any highway may be granted by the Board of Supervisors or town or city authorities on such terms and for such sums as may be agreed upon. Lands of persons not competent or refusing to convey may be acquired by proceedings instituted therefor in the proper Court. Stats. 1869-70, p. 885, Sec. 4. Acquiring lands by grant. tion of damages for highways taken. SEC. 2788. When the road corporation or company Appropriadesires the exclusive use of lands forming part of a highway, and such use is granted by the Supervisors, the damages received therefor are to be paid to the Road Fund of the road district in which the same is situated. Stats. 1869-70, p. 886, Sec. 8. NOTE.-See Title V, Part IV, Div. I, Civil Code. |