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WOOD, STONE, AND EARTH MAY BE TAKEN FROM STATE

LANDS. Sec. 476, C. C. The right to take from any of the lands belonging to the state, adjacent to the works of the corporation, all materials, such as wood, stone, and earth, naturally appurtenant thereto, which may be necessary and convenient for the original construction of its works and adjuncts, is granted to such corporations. En. March 21, 1872.

LANDS TO REVERT TO STATE, WHEN.

Sec. 477, C, C. If any corporation receiving state lands or appurtenances thereunder is dissolved, ceases to exist, is discontinued, or the route or line of its works is so changed as not to cover or cross the lands selected, or the use of the lands selected is abandoned, such selected lands revert, and the title thereto is reinvested in the state or its grantees, free from all auch uses.

En. March 21, 1872.

SELECTIONS MADE, HOW PROVED AND CERTIFIED TO.

Sec. 478, C. C. When any selection of the right of way, or land for an adjunct to the works of a railroad corporation, is made by any corporation, the secretary thereof must transmit to the surveyor general, comptroller of state, and recorder of the county in which the selected lands are situate, a plat of the lands so selected giving the extent thereof and uses for which the same is claimed or desired, duly verified to be correct; and, if approved, the surveyor general must so indorse the plat, and issue to the corporation a permit to use the same, unless on petition properly presented to the court, a review is had and such use prohibited. En. March 21, 1872.

Section Cited.

San Pedro v. So. Pac. R. R. Co., 101 Cal. 336, 35 Pac. 993.

Annotation.

Construction of Section-Permit.- This section does not limit the time within which work shall be commenced for the construction of the road, under the surveyor general's permit; but inrplies the con

Corporation Laws—23.

tinuance of the permit until the use is prohibited by a court in the manner prescribed. The surveyor general's permit operates as a license of a right of way over public lands of the state which may be revoked by the state, for unnecessary delay on the part of the railway company in availing itself of the privilege, but unless the state makes the objection, the privilege cannot be declared forfeited at the instance of any other person. (San Pedro v. So. Pac. R. R., 101 Cal. 333, 35 Pac. 993.)

CHAPTER III.

BUSINESS, HOW CONDUCTED. $ 479. Checks to be affixed to all baggage-Damages. § 480. Annual report to be verified-Form of report. § 481. Duties of corporation. $ 482. Corporations to pay damages for refusal. § 483. Furnish room inside passenger-cars, and be responsible for

damages occurring on freight and other cars. 8 484. Corporations to post printed regulations, and not responsible

for damages in violation of rules. § 485. Fences — To pay damages-Not liable in certain cases-Cor

poration may recover damages, when. § 486. Regulations of trains-Penalty.

487. Passenger refusing to pay fare. § 488. Officers to wear badge. $ 489. Rates of charges. § 490. Passenger tickets, how issued, and to be good for six months. Š 491. Character of rails to be used. 8 492. Elevated or underground railways. § 493. To apply to all railroad companies. § 494. Sale of property to another railroad.

CHECKS TO BE AFFIXED TO ALL BAGGAGE-DAMAGES.

Sec. 179, C. C. A check must be affixed to every package or parcel of baggage when taken for transportation by any agent or employee of such railroad corporation, and a duplicate thereof given to the passenger or person delivering the same in his behalf; and if such check is refused on demand, the railroad corporation must pay to such passenger the sum of twenty dollars, to be recovered in an action for damages; and no fare or toll must be collected or received from such passenger, and if such passenger has paid his fare, the same must be returned by the conductor in charge of the train; and on producing the check, if his baggage is not delivered to him by the agent or employee of the railroad corporation, he may recover the value thereof from the corporation. En. March 21, 1872.

Legislative History.

Section 42 of the railroad act of 1861,' page 623, is the basis of this section.

ANNUAL REPORT TO BE VERIFIED-FORM OF REPORT.

Sec. 480, C. C. Every railroad corporation must make an annual report to the Secretary of State, or other oilicer designated by law, of its operations for each year, ending on the thirty-first day of December, verified by the oaths of the president or acting superintendent of operations, the secretary and treasurer of such corporation, and file it in the office of the Secretary of State, or such other designated officer, by the twentieth day of February, which must state:

1. The capital stock, and the amount thereof actually paid

in;

2. The amount expended for the purchase of lands for the construction of the road, for buildings, and for engines and cars, respectively;

3. The amount and nature of its indebtedness, and the amount due the corporation;

4. The amount received from the transportation of passengers, property, mails, and express matter, and from other sources;

5. The amount of freight, specifying the quantity in tons ;

6. The amount paid for repairs of engines, cars, buildings, and other expenses, in gross, showing the current expenses of running such road;

7. The number and amount of dividends, and when paid;

8. The number of engine-houses and shops, of engines and cars, and their character. En. March 21, 1872.

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Legislative History.

This section, and sections 481, 482 and 483 immediately following, are substantial re-enactments of sections 44, 45, 46 and 48 of the railroad act of 1861 (Stats. 1861, p. 701).

DUTIES OF CORPORATION.

Sec. 481, C. C. Every such corporation must start and run their cars, for the transportation of persons and property, at such regular times as they shall fix by public notice, and must furnish sufficient accommodations for the transportation of all such passengers and property as, within a reasonable time previous thereto, offer or is offered for transportation, at the place of starting, at the junction of other railroads, and at siding and stopping places established for receiving and discharging way passengers and freight; and must take, transport, and discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare there. for. En. March 21, 1872.

Rules and regulations: See post, sec. 484, C. C.

Act compelling railroads to operate roads: See post, Appendix, title "Railroads."

Act exempting railroad constructed at elevation of five thousand feet from operating roads at certain times: See post, Appendix, title "Railroads."

Act organizing railroad commissioners and defining powers: See post, Appendix, title “Railroads." Legislative History.

The basis of this section is found in section 45 of the railroad act of 1861 (Stats. 1861, p. 701).

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Section Cited.

San Francisco & San Joaquin Ry, Co. v. Leviston, 134 Cal. 44, 66 l'ac. 473.

Annotation,

Construction of the Section.-In construction of section 45 of the railroad act of 1861, which is substantially the same as this section, it is held that these provisions make it obligatory upon railroads to act as common carriers for the conveyance of all passengers and freight that may come to its road for that purpose. And the fact 1hat the road does not connect points of commercial importance does not affect the question. (Contra Costa R. R. Co. v. Moss, 23 Cal. 328. Note citation: 47 Am. Dec. 651. To same effect: Wheeler v. S. F. etc. R. R., 31 Cal. 46, 89 Am. Dec. 147.)

And under the code section it is held similarly in San Francisco etc. Ry. Co. v. Leviston, 134 Cal. 414, 66 Pac, 473.

A railroad company's responsibility as common carrier ceases when the goods are deposited in its warehouse at the destination of the goods, and it is then only liable as a warehouseman. (Jackson v. Sacramento etc. R. R. Co., 23 Cal. 268. To same effect: Wilson v. S. P. R. R. Co., 62 Cal. 172. Note citations: 8 Am. Dec. 216; 24 Am. Dee. 148.)

CORPORATIONS TO PAY DAMAGES FOR REFUSAL.

Sec. 482, C. C. In case of refusal by such corporation or their agents so to take and transport any passengers or property or to deliver the same, at the regular appointed places, such corporation must pay to the party aggrieved all damages which are sustained thereby, with costs of suit. En. March 21, 1872.

FURNISH ROOM INSIDE PASSENGER-CARS, AND BE RESPON

SIBLE FOR DAMAGES OCCURRING ON FREIGHT AND OTHER CARS. Sec. 483, C. C. Every railroad corporation must furnish, on the inside of its passenger cars, sufficient room and accommodations for all passengers to whom tickets are sold for any one trip, and for all persons presenting tickets entitling them to travel thereon; and when fare is taken for transporting passengers on any baggage, wood, gravel, or freight car, the same care must be taken and the same responsibility is assumed by the corporation as for passengers on passenger cars.

En. March 21, 1872.

Accommodations to be furnished: See ante, sec. 481, C. C.

Section Cited

Pfister v. C. P. R. R. Co., 70 Cal. 173, 59 Am. Rep. 404, 11 Pac. BE6.

Annotation.

Liability of Common Carrier.- Upon receiving the reasonable and customary payment therefor, it is a railroad's duty to receive and carry upon its passenger trains all persons desiring to travel thereby, with a reasonable amount of luggage of each passenger without charge. (Pfister v. C. P. R. R., 70 Cal. 173, 59 Am. Rep. 404, 11 Pac. 686. See secs. 2180-2183 et seq., C. C.)

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