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Act enabling railroad companies to complete railroads: See post, Appendix, title “Railroads."
Section 54 of the railroad act of 1861, as amended 1870, page 578, is the basis of this section.
Arcata v. Arcata etc. R. R., 92 Cal. 646, 28 Pac. 676.
Construction of Section. This section applies only to the construction and completion of the main road provided for in its articles cf incorporation, and not to a switch or sidetrack, which the company may find necessary for the proper conduct of business and the convenience of the public after the road has been put in operation. (Arcata v. Arcata etc. R. R., 92 Cal. 639, 28 Pac. 676.)
But where a statute or municipal ordinance expressly provides that failure to complete work in a certain time shall work a forfeiture, no action is necessary to enforce the forfeiture; where a forfeiture is not expressly declared by statute or municipal ordinance a judicial declaration of forfeiture in a suit for that purpose is necessary. (Arcata v. Arcata etc. R. R. Co., 92 Cal. 639, 28 Pac. 676.)
CROSSINGS AND INTERSECTIONS-CONDEMNATION.
Sec. 469, C. C. Whenever the track of one railroad intersects or crosses the track of another railroad, whether the same be a street railroad, wholly within the limits of a city or town, or other railroad, the rails of either or each road must be so cut and adjusted as to permit the passage of the cars on each road with as little obstruction as possible; and, in case the persons or corporations owning the railroads cannot agree as to the compensation to be made for cutting and adjusting the rails, the condemnation of the right of way over the one for the use of the other road, may be had in proceedings under title VII, part III, Code of Civil Procedure, and the damages assessed and the right of way granted as in other cases. En. March 21, 1872.
Right of eminent domain: Code Civ. Proc., secs. 1237-1263.
Crossings and intersection: See ante, sec. 465, subd. 6, C. C., and note.
Section 2 of the act of 1862, page 498, is the basis of the above section.
Condemnation of Property of Another Company.-One railroad company cannot locate its line upon that of another railroad company, except where it may be necessary for one railroad to cross another, nor can it condemn land previously condemned by another company. (Contra Costa R. R. Co. v. Moss, 23 Cal. 323. To same effect: S. P. R. R. Co. v. Railway Co., 111 Cal. 227, 42 Pac. 602. Note citation: 9 Am. St. Rep. 143.)
Such location, followed by proper condemnation, may be made where it appears that the condemnation works no substantial injury to defendant and produces onļy such inconvenience as is covered by awarded damages, and that the taking is for a more necessary public use, within the meaning of this section. (Southern Pac. R. B. v. Railway Co., 111 Cal. 221, 42 Pac. 602.)
NOT TO USE STREETS, ALLEYS, OR WATER IN CITIES OR
TOWNS, EXCEPT BY A TWO-THIRDS VOTE OF THE CITY OR TOWN AUTHORITIES. Sec. 470, C. C. 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. En. March 21, 1872.
Weyl v. Sonoma Valley R. R., 69 Cal. 206, 10 Pac. 510; Arcata v. Arcata etc. R. R., 92 Cal. 645, 28 Pac. 676; South Pasadena v. Ter. minal Ry. Co., 109 Cal. 319, 41 Pac. 1093.
Use of Street by Railway.-No right of way over a street is al. lowed for the use of any other than a municipal corporation, save upon compensation ascertained by a jury, as provided in section 14 of the Constitution. (Weyl v. Sonoma Valley R. R., 69 Cal. 206, 10 Pac. 510.)
The dedication of a street to public use authorizes any ordinary use for street purposes; and the use of a street in a city or town for the tracks of a street-car company is of this class, and is therefore authorized. (Finch v. Riverside etc. Ry. Co., 87 Cal. 598, 25 Fac. 765. To same effect: Montgomery v. Railway Company, 104 Cal. 186, 43 Am. St. Rep. 98, 99, 37 Pac. 786.)
The authority to construct a railroad on any highway or street is conferred by section 465 of the Civil Code, subject to the condition that the consent of two-thirds of the members of the council or board must be obtained before any street or avenue of an incorporated city or town can be taken for this purpose. (Arcata v. Arcata R. R. Co., 92 Cal. 645, 28 Pac. 676.)
An order granting the privilege of laying sidetrack, when acted upon and money spent in consequence thereof, is not a mere license revocable at the pleasure of the board. (Arcata v. Arcata etc. R. R. Co., 92 Cal. 639, 28 Pac, 676. To same effect: Workman v. Southern Pac. R. R., 129 Cal. 536, 62 Pac. 185, 316.)
Fixing Rates as Condition of Grant.-An ordinance assuming the power to regulate fares as a condition of the grant of a right of way over the streets of the city in accordance with the provisions of this section is void. (South Pasadena v. Terminal Ry. Co., 109 Cal. 315, 41 Pac. 1093.)
RAILROADS THROUGH CITIES NOT TO CHARGE FARE TO AND
FROM POINTS THEREIN. (Repealed.) Sec. 471, C. C. En. March 21, 1872. Amd. 1875-76, 76. Rep. 1877-78, 84.
WHEN CROSSING RAILROADS OR HIGHWAYS, HOW OTHER
LANDS ARE ACQUIRED. Sec. 472, C. C. Whenever the track of such railroad crosses & 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 railroad or highway, the corporation may take such additional lands and material as are necessary for the construction of such road or highway on such new line. If such other necessary lands cannot be had otherwise, they may be condemned as provided in title VII, part III, Code of Civil Procedure; and when compensation is made therefor, the same becomes the property of the corporation. En. March 21, 1872.
Section 19 of the railroad act of 1861 is the basis of this section.
CORPORATIONS MAY CONSOLIDATE_PUBLICATION OF NO
TICE COPY TO BE FILED. Sec. 473, C. C. Any railroad corporation incorporated under the laws of this state may consolidate with one or more railroad corporations incorporated under the laws of this state, or under the laws of any other state or territory of the United States, its capital stock, properties, roads, equipments, adjuncts, franchises, claims, demands, contracts, agreements, obligations, debts, liabilities and assets of every kind and description, upon such terms and in such manner as may be agreed upon by their respective boards of directors; provided, no such consolidation shall take effect until the same shall have been ratified and confirmed in writing by stockholders of the respective corporations representing three-fourths of the subscribed capital stock of their respective corporations. In case of such consolidation "articles of incorporation and consolidation" must be prepared, setting forth: First, the name of the new corporation; second, the purpose for which it is formed; third, the place where its principal business is to be transacted; fourth, the term for which it is to exist, which shall not exceed fifty years; fifth, the number of its directors (which shall not be less than five nor more than thirteen) and the names and residences of the persons appointed to act as such until their Euccessors are elected and qualified; sixth, the amount of its capital stock (which shall not exceed the amount actually required for the purposes of the new corporation, as estimated by competent engineers), and the number of shares into which it is divided; seventh, the amount of stock actually subscribed, and by whom; eighth, the termini of its road or roads and branches; ninth, the estimated length of its road or roads and branches; tenth, the names of the constituent corporations, and the terms and conditions of consolidation in full. Said articles of incorporation and consolidation must be signed and counter. signed by the presidents and secretaries of the several constituent corporations, and sealed with their corporate seals. There must be annexed thereto memoranda of the ratification and confirmation thereof by the stockholders of each constituent corporation, which must be respectively signed by stockholders representing at least three-fourths of the capital stock of their respective corporations. When completed as aforesaid, said articles must be filed in the office of the county clerk of the county in which the original articles of incorporation of either of the consolidating corporations are filed, and a copy of the articles of incorporation and consolidation certified by such county clerk must be filed in the office of the Secretary of State, and thereupon the constituent corporations named therein must be deemed and held to have become extinct in all courts and places, and said new corporation must be deemed and held in all courts and places to have succeeded to all their several capital stocks, properties, roads, equipments, adjuncts, franchises, claims, demands, contracts, agreements, assets, choses and rights in action of every kind and description, both at law and in equity; and to be entitled to possess, enjoy, and enforce the same and every thereof, as fully and completely as either and every of its constituents might have done had no consolidation taken place. Said consolidated or new corporation must also, in all courts and places, be deemed and held to have become subrogated to its several constituents and each thereof, in respect to all their contracts and agreements with other parties, and all their debts, obligations, and liabilities, of every kind and nature, to any persons, corporations, or bodies politic, whomsoever, or whatsoever, and said new corporation must sue and be sued in its own name in any and every case in which any or either of its constituents might have sued or might have been sued at law or in equity had no such consolidation been made. Nothing in this section contained shall be construed to impair the obligation of any contract to which any of such constituents were parties at the date of such consolidation. All such contracts may be enforced by action or suit, as the case may be, against the consolidated corporation, and satisfaction obtained out of the property which, at the date of the consolidation, belonged to the constituent which was a party to the contract in action or suit, as well as out of any other property belonging to the consolidated corporation. En. March 21, 1872. Amd. 1900-01, 327.