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instalment of the fixed capital stock of any railroad corpora-
tion organized under this title and part, the [1] president and
secretary and [2] a majority of the directors thereof must [3]
make, subscribe, and file in the office of the secretary of
state a [4] certificate, stating [a] the amount of the fixed
capital stock, and [b] that the whole thereof has been paid
in. The certificate must [5] be verified by the affidavit of the
president and secretary.

History: Enacted March 21, 1872.



304



Tit.III.Ch.II.] RAILROAD'S POWERS. § 465

CHAPTER II.
ENUMERATION OF POWERS.

§ 465. Powers of railroad corporations.

1. May make survey for road — May enter upon lands

for that' purpose.

2. May accept real estate.

3. May acquire real estate.

4. May lay out roads, how wide.

5. May construct road, where.

6. May cross, etc., other roads.

7. May purchase lands, timber, stone, etc.

8. May carry persons and freight.

9. May erect buildings.

10. May regulate time and tolls, subject to legislation. .

11. May establish rules for management of business.

12. May purchase other roads not in competition.

§ 465a. What motive power may be used. Authority must be
obtained.

§ 466. Map and profile to be filed.

§ 467. May change line of road.

§ 468. Forfeiture of franchise. [Failure to operate, reverter.]

§ 469. Crossings and intersections. Condemnation.

§ 470. Not to use streets, alleys, or water, in cities or towns,
except by a two-third[s] vote of the city or town
authorities.

§ 471. Convej'ance of passengers within city limits [repealed].

§ 472. When crossing railroads or highways, how other lands
acquired.

§ 473. Consolidation of railroad corporations. Proceedings nec-
essary thereto.

§ 473a. Right to lease or use another road in common.

§ 474. State lands granted for use of corporations.

§ 475. Grant not to embrace town lots.

§ 476. Wood, stone and earth may be taken from state lands.

§ 477. Lands to revert to state, when.

§ 478. Selections made, how proved and certified to.

§465. POWERS OF RAILROAD CORPORATIONS. Every
railroad corporation has power:

1. [To make suney for road.] To cause such examinatlou
and surveys to be made as may be necessary to the selection
of the most advantageous route for the railroad; and for

305



§ 465 CIVIL CODE. [Div.I,Pt.IV.

such purposes their officers, agents and employees may enter
upon the lands or waters of any person, subject to liability
for all damages which they may do thereto;

2. [To accept real estate.] To receive, hold, take, and con-
vey, by deed or otherwise, as a natural person, such voluntary
grants and donations of real estate and other property, which
may be made to it to aid and encourage the construction,
maintenance and accommodation of such railroad;

3. [To acquire real estate.] To purchase, or by voluntary
grants or donations to receive, enter, take possession of, hold
and use all such real estate and other property as may be
absolutely necessary for the construction and maintenance of
such railroads, and for all stations, depots and other purposes
necessary to successfully work and conduct the business of
the road;

4. To lay out its road, not exceeding ten rods wide, and to
construct and maintain the same, with one or more tracks,
and with such appendages and adjuncts as may be necessary
for the convenient use of the same;

5. To construct their roads across, along or upon any
stream of water, watercourse, roadstead, bay, navigable
stream, street, avenue or highway, or across any railway,
canal, ditch or flume which the route of its road intersects,
crosses or runs along, in such manner as to afford security
for life and property; but the corporation shall restore the
stream or watercourse, road, street, avenue, highway, railroad,
canal, ditch or flume thus intersected to its former state of
usefulness as near as may be, or so that the railroad shall not
unnecessarily impair its usefulness or injure its franchise;

6. To cross, intersect, join, or unite its railroad witli any
other railroad, either before or after construction, at any
point upon its route, and upon the grounds of such other
railroad corporation, with the necessary turnouts, sidings and
switches, and other conveniences in furtherance of the objects
of its connections; and every corporation whose railroad is,
or shall be hereafter intersected by any new railroad, shall
unite with the owners of such new railroad in forming such

306



Tit.III.ch.II.] ENUMERATED POWERS. § 465

intersections and connections, and grant facilities therefor;
and if the two corporations cannot agree upon the amount
of compensation to be made therefor, or the points or the
manner of such crossings, intersections and connections, the
same sliall be ascertained and determined as is provided in
title seven, part three, Code of Civil Procedure (sees. 1237-
1263);

7. To purchase lauds, tiiuber, stone, gravel or otlier mate-
rials to be used in the construction and maintenance of its
road, and all necessary appendanges and adjuncts, or acquire
them in the manner provided in title seven, part three. Code
of Civil Procedure, for the condemnation of lands; and to
change the line of its road, in whole or in part, whenever a
majority of the directors so determine, as is provided here-
inafter; but no such change must vary the general route of
such road, as contemplated in its articles of incorporation;

8. To carry persous and property on their railroad, and to
receive tolls or compensation therefor;

9. To erect and maintain all necessary and conyeuient
buildings, stations, depots, fixtures and machinery for the
accommodation and use of their passengers, freight and busi-
ness;

10. To regulate the time and manner in which passengers
and property shall be transported, and the tolls and co"mpeu-
sation to be paid therefor within the limits prescribed by law
and subject to alteration, change or amendment by the legis-
lature at any time;

11. To regulate the force and speed of their locomotives,
cars, trains or other machinery used and employed on their
roads, and to establish, execute and enforce all needful and
proper rules and regulations for the management of its busi-
ness transactions usual and proper for railroad corporations;

12. [To purchase other roads.] To purchase, lease or
acquire the franchises, rights and property, or any part
thereof, of any railroad corporation, leasing or owning any
railroad outside of the state of California, and to operate the
same, and to use the franchises of any such road, and to
build and operate extensions thereof;

307



§ 465 CIVIL CODE. [Div.I,Pt.IV.

[Restrictions.] Provided that nothing herein shall author-
ize any corporation to purchase the franchises, rights, and
propert}^ of any railroad operated in competition with it; and
to purchase, acquire and hold the stocks, bonds or other secu-
rities of any railroad corporation organized under the laws
of this state or of any other state or territory, with full power
to sell the same; provided that nothing herein will author-
ize any corporation to purchase the stock of any railroad cor-
poration operated in competition with it.

[In effect, -when.] Sec. 2. This act shall take effect imme-
diately.

History: Enacted March 21, 1872, founded upon and is a sub-
stantial re-enactment of § 17 of Act May 20, 1861, Stats. 1861,
pp. 614-616; amended by Code Commission, Act March 16, 1901,
Stats, and Amdts. 1900-1, p.' 367, held unconstitutional, see his-
tory, § 4 ante; amendment re-enacted, and paragraph 12 added,
March 20, 1903, Stats, and Amdts. 1903, pp. 245-246; amended
March 4, 1907, Stats, and Amdts. 1907, p. 99, Kerr's Stats, and
Amdts. 1906-7, p. 413. In effect immediately.

See Kerr's Cyc. C. C. for 94 pars, annotation.

53 C. 223, 227, 228 (construed and applied); 67 C. 429, 431,
432, 7 P. 814, 815 (power of railroad company to acquire advan-
tageous right of way); 69 C. 202, 206, 10 P. 510, 513 (construed
and applied); 91 C. 449, 452, 25 A. S. 201, 27 P. 768, 769, 13 L.
754 (referred to); 92 C. 639, 645, 28 P. 676, 677 (construed and
applied); 93 C. 263, 265, 28 P. 828, 829, 18 L. 510 (referred to);
111 C. 221, 227, 43 P. 602 (construed); 129 C. 8, 10, 11, 61 P.
947 (construed and applied); 134 C. 412, 414, 415 (referred to),
66 P. 473; 142 C. 391, 392, 75 P. 1086 (referred to); 149 C. 83,
91, 92, 84 P. 771 (section gives power to lay out a roadway,
but does not make "appendages" and "adjuncts" a part of the
roadway itself); 152 C. 303, 308, 92 P. 849 (power of eminent
domain conferred upon railroad companies, should include not
only the actual right of way but all necessary "appendages
and adjuncts"); 1 C. A. 441, 443, 82 P. 640 (construed with other
sections, as to effect of consent of city authorities, to use
streets for railroad purposes, upon liability of company for
damages); 2 C. A. 546, 559, 84 P. 298 (what branch road is not
an "appendage or adjunct" of the main line).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

308



I



Tit.III.ch.IL] MOTIVE POWER. §§ 465a, 466

All railroad corporations are governed by the provisions of
this section. See 91 C. 449, 452, 25 A. S. 201, 27 P. 768, 13 L. 754.

Authority from municipal corporation to occupy street. — See
Kerr's Cyc. C. C. § 470 and note.

Changing location of route. — See Kerr's Cyc. C. C. § 467 and
note.

Duties with respect to time-tables, stopping at stations, etc. —
See Kerr's Cyc. C. C. § 481 and note.

Elevated railroads — Appropriation of easement by. — See 20
Encyc. P. 840-846.

Middle of street — Location of track in. — See Kerr's C. C. § 498
and note.

Quantity of land which corporation may acquire. — See Kerr's
Cyc. C. C. §360 and note; also 465, note par. 33.

Rates of charges for transportation of passengers and
freight. — See Const. 1879, art. XII, § 22, Hen. G. L. p. xcvi; see
also Kerr's Cyc. C. C. § 489 and note.

§465a. WHAT MOTIVE POWER MAY BE USED.
AUTHORITY MUST BE OBTAINED. Every person or cor-
poration now or hereafter authorized to operate a railroad
by steam motive power, is also authorized to use electricity
or compressed air, or both, either with or without such
steam, for the purpose of propelling cars or trains on such
railroads or upon anj^ portion thereof. In incorporated cities,
towns, or cities and counties having more than five thousand
inhabitants, authority must be obtained from the legislative
authority thereof.

Hi-story: Enacted by Code Commission, Act March 16, 1901,
Stats, and Amdts. 1900-1, p. 368, held unconstitutional, see his-
tory, §4 ante; re-enacted March- 21, 1905, Stats, and Amdts. 1905,
p. 574. A codification of § 1 Act March 23, 1893, Stats, and
Amdts. 1893, p. 208.

§468. MAP AND PROFILE TO BE FILED. Every rail-
road corporation in this state must, [1] within a reasonable
time after its road is finally located, [2] cause to be made a
map and pi-ofile thereof, and [3] of the land acquired for the
use thereof, and [4] the boundaries of the several counties
through which the road may run, and [5] file the same in the
office of the secretary of state; and also [6] like maps of the
parts thereof located in different counties, and file the same

309



§ 467 CIVIL CODE. [Div.I,Pt.IV.

in the office of the clerk of the county in which such parts
of the road are, there to remain of record forever.

The maps and profiles must be certified by [1] the chief
engineer, [2] the acting president and secretary of such com-
pany, and copies of the same, so certified and filed, [3] be
kept in the office of the secretary of the corporation, subject
to examination by all parties interested.

History; Enacted March 21, 1872, founded iipon § 43 Act May
20, 1861, Stats. 1861, pp. 623-624.

67 C. 429, 432, 7 P. 814 (referred to in discussion in connec-
tion with other sections).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

§407. MAY CHAMiE LI>E OF ROAD. If, at any time
after the location of the line of the railroad and the filing of
the maps and profiles thereof, as provided in the preceding
section, it appears that the location can be improved, the
directors may, as pi'ovided in subdivision seven, section four
hundred and sixty-five, [1] alter or change the same, and [2]
cause new maps and profiles to be filed, showing such
changes, in the same offices where the originals are of file,
and [3] may proceed, in the same manner as the original
location was acquired, to acquire and take possession of such
new line, and [4] must sell or relinquish the lands owned by
them for the original location,- within five years after such
change.

[HoAV new location to be run.] No new location, as herein
provided, must be so run as to avoid any points named in
their articles of incorporation.

History: Enacted March 21, 1872, founded upon § 18 Act May
20, 1861, Stats. 1861, p. 616.

See Kerr's Cyc. C. C. for 4 pars, annotation.

67 C. 429, 432, 7 P. 814, 816 (construed with other sections).

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

310



TitIII,ch.II.] FORFEITING FRANCHISE. §468

S46S FORFEITURE OF FRAIVCHISE. [FAILURE TO

OPERATE REYERTER.] Every railroad corporation must,

Wbeu cmnpleted must be oi.eiated-Forielture of r,gl.t to
„„e™'e.] A er the eompletioa ot any railroad, or any part
thereof capable o( being operated, its owner must operate ■

^TZToX U as tbe case may be, ^^^^^f^^^^^

I -eabo^r - »''— 'rT::s::r rr

Lrreoarert^e «— ot 0.ober ot any year

■■ T ^c r^^^oQ Tint Yield income sufficient to aeiia-y
l'e::*se: o'man\a"l and operating it in connection
tlie expenbeb ul i^ railroad commissioners

ficient to operate the same.

HLstorr: Enacted Marcl. 21. 1^72 founded upon § 5^ Aet May
20, 1861, Stats. 1861, p. ^^Y" cZcLt^LZ A^ March 21.

1869-70. P. ^^^-/"rdt: 1900 1 ;. 6^^^^^^^^^ unconstitutional;
1901, Stats, and Amdts. IJUU i, p



§§469,470 CIVIL CODE. [Div.I,Pt.IV.

see history, § 4 ante; amendment re-enacted March 21, 1905,
Stats, and Amdts. 1905, p. 574.

See Kerr's Cyc. C. C. for 4 pars, annotation.

92 C. 639, 646, 28 P. 676, 677, 678 (construed and applied);
3 C. A. 668, 678, 87 P. 27 (construed and applied with reference
to road less than one mile in length).

As to inany miscellaneous matters as to corporations gen-
erally, ^see note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

Misuser and non-user — Forfeiture for. — See 8 A. S. 179-202.

Time when corporation must organize. — See Kerr's Cyc. C. C.
§ 358 and note.

§469. (ROSSIXGS AND INTERSECTIONS. CONDEMNA-
TION. 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 seven, part three. Code of Civil Procedure, and
the damages assessed and the right of way granted as in
other cases.

History: Enacted March 21, 1872, founded upon § 2 Act May
6, 1862, Stats. 1862, p. 498.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

Eminent domain — Nature of right and procedure. — See Kerr's
Cyc. C. C. P. §§ 1237-1263 and notes.

.Joint use of railroad property. — See Kerr's Cyc. C. C. § 465
sub. 6 and note.

§ 470. NOT TO USE STREETS, ALLEYS, OR WATER, IN
(ITIES OR TOWNS, EXCEPT BY A TW0-TH1RD[S] VOTE
OF THE CITY OR TOWN AUTHORITIES. No railroad corpo-

312



Tit.III,ch.II.] CROSSINGS, OTHER LANDS. §§471,472

ration 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 [s] vote
of the town or city authority from which the right must
emanate.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 6 pars, annotation.

69 C. 202, 206, 10 P. 510, 513 (referred to); 92 C. 639, 645, 28
P. 676 (construed with §465); 105 C. 87, 94, 95, 38 P. 530 (con-
strued and applied); 109 C. 315, 319, 41 P. 1093 (construed with
other sections).

As to many miscellaneous matters affecting corporations gen-
erally, see note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.

Abutting owner's right to compensation. — See Kerr's Cyc. C.
C. § 465 and note.

§471. CONVEYANCE OF PASSENGERS WITHIN CITY
LIMITS (repealed).

History: Enacted March 21, 1872, founded upon § 21 Act 1861,
Stats. 1861, p. 618; amended April 1, 1876, Code Amdts. 1875-6, p.
76; repealed April 1, 1878, Code Amdts. 1S77-S, p. 84.



§472. WHEN CROSSING RAILROADS OR HIGHWAYS,
HOW OTHER LANDS ARE ACQUIRED. Whenever the track
of such railroad crosses a railroad or highway, such railroad
or highway may be carried under, over, or on a level with
the track, as may be most expedient; and in cases where an
embankment or cutting necessitates a change in the line of
such railroad or highway, the corporation may take such
additional lands and material as are necessary for the con-
struction 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 seven, part three.
Code of Civil Procedure; and when compensation is made
therefor, the same becomes the property of the corporation.

History: Enacted March 21, 1872, founded upon § 19 Act May
20, 1861, Stats. 1861, pp. 616-617.

313



§ 473 CIVIL CODE. [Div.I,Pt.IV.

See Kerr's Cyc. C. C. for 10 pars, annotation.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

As to many miscellaneous matters as to railroads, see
note § 454, ante.

Eminent domain — Nature of right and procedure. — See Kerr's
Cyc. C. C. P. §§ 1237-1263 and notes.

§473. CONSOLIDATION OF RAILROAD CORPORATION.
PROCEEDINGS NECESSARY THERETO. Any railroad cor-
poration incorporated under the laws of this state may con-
solidate 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, prop-
erties, 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 or directors; provided.

No such consolidation shall take effect until the same shall
hare been ratified and coufinned 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 pre-
pared, setting forth:

1. The name of the new corporation;

2. The purpose for which it is formed;

3. The place where its principal business is to be trans-
acted;

4. The term for which it is to exist, which shall not exceed
fifty years;

5. 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 successors
are elected and qualified;

6. 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;

314



Tit.III,ch.IT.] CONSOLIDATION. § 473

7. The amount of stock actually subscribed, and by whom;

8. The termini of its road or roads and branches;

9. The estimated length of its road or roads and branches;

10. The names of the constituent corporations, and the
terms and conditions of consolidation in full.

[Signing- articles; method of — Memorandum of ratification.]
Said articles of incorporation and consolidation must be
signed and countersigned by the presidents and secretaries
of the several constituent corporations and sealed wtih their
corporate seals. There must be annexed thereto memoranda
of the ratification and confirmation thereof by the stockhold-
ers of each constituent corporation, which must be respect-
ively 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
[1] the county in which the original articles of incorporation
of either of the consolidating corporations are filed, and [2]
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 corpora-
tions 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 everj' 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.

[New corporation subrogated to constituents.] Said con-
solidated 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,

315



§ 473a CIVIL CODE. [Div.I.Pt.IV.

to any persons, corporations, or bodies politic, wlaomsoever,
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 satis-
faction 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.

Hi-story: Enacted March 21, 1S72, founded upon § 40 Act May
20, 1861, Stats. 1861, pp. 622-623; amended March 16, 1901, Stats,
and Amdts. 1900-1, pp. 327-328 (became a law, under constitu-
tional provision, without g-overnor's approval). In effect March
16, 1901.

See Kerr's Cyc. C. C. for 11 pars, annotation.

67 C. 59, 61, 7 P. 123 (construed); 76 C. 404, 405, 407, 18 P.
599, 600 (referred to); 98 C. 210, 216, 33 P. 53 (applied); 109 C.
571, 577 (referred to), 583 (quoted), 584 (construed and applied),
586 (quoted), 593, 601 (construed and applied), 42 P. 225, 226,
119 C. 334, 343, 51 P. 317 (the provisions of this section in rela-
tion to consolidation are substantially the same as those in tlie
statute of 1861); 147 C. 663, 666, 82 P. 319 (applied — distinction
between consolidation of railroad corporations and of mining
corporations).

As to many miscellaneous matters as to corporations, see
note § 283, ante.

As to many miscellaneous matters as to railroads, see note
§ 454, ante.



§ 473a. RIGHT TO LEASE OB USE ANOTHER ROAD IN
COMMON. Railroad corporations doing business in this state
and organized under any law of this state or the United
States, or of any state or territory thereof, have power to
enter into contracts with one another, whereby the one may



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