Confirmation of reports.

Reports recorded.

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 may be 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 Costs, how 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 costs.

taxed.

Defective title.

Take pos

session, and

continue in

same by order of Court.

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; and at any stage of such new proceedings, or of any proceedings under this Act, the Court or Judge in Chambers may, by a rule or order in that behalf made, authorize such company, if already in possession, to continue in the use and possession; and if not in possession, to take possession of and use such premises during the pendency and until the final conclusion of such proceedings, and may stay all actions and proceedings against such company on account thereof; provided, such company shall pay a sufficient sum into Court, or give security, to be approved by such Court or Judge, to pay the compensation in that behalf when ascertained. (Amendment approved Title, when April 27, 1863.)

To pay money into Court, or

give

security.

to vest in company.

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.

pay in thirty

owner.

SEC. 36. Such company shall, within thirty days after the Company to final confirmation of the report as aforesaid, pay or tender days. the sum of money ascertained and assessed by said Commissioners, as and for the compensation of each tract of land described in said 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 To the 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 or to Clerk. made to the said Clerk for said persons, and the same shall be deemed and taken as a payment to such 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.

order

SEC. 37. The said Court or Judge shall, at the time of the Court to payment of the said sum of money to the said Clerk, or at payment. 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.

"person."

SEC. 38. In all the proceedings in relation to the sale or Definition of 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.

Clerk.

SEC. 39. The minutes of the proceedings had before such Duties of 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.

tion of

SEC. 40. It shall be lawful for two or more railroad com- Consolidapanies to amalgamate and consolidate their capital stock, companies. debts, property, assets, and franchises in such manner as may be agreed upon by the Board of Directors of such companies so desiring to amalgamate and consolidate their inter

three

stock.

of notice.

Fences.

Consent of ests; but no such amalgamation or consolidation shall take fourths of 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 Publication 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 New articles. 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 alongside 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 pay owners may hereafter pay to the owner or owners of the land through which or alongside 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 fail 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

When

company

of land.

Owners liable for damages.

that such loss or damage accrued by reason of the negligence of such company, its officers, agents, or employés.

bell.

SEC. 41. A bell of at least twenty pounds weight shall be Locomotive placed on each locomotive engine, and be rung at a distance

of at least eighty rods from the place where the railroad To be rung. shall cross any street, road, or highway, and be kept ringing until it shall have crossed such street, road, or highway, Penalty. 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 half 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.

checks.

SEC. 42. A check shall be affixed to every package or Baggage 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 Penalty. 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 check, 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, Passenger himself or herself, be a witness in any suit brought by him. or her to recover the value thereof, to prove the contents and value of said baggage.

witness.

profile to be

SEC. 43. Every railroad company in this State shall, within Map and a reasonable time after their road shall be finally located, fled. 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; and 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 Certified by shall be certified by the Chief Engineer, the acting President, said and Secretary of such company, and copies of the same, so certified and filed as aforesaid, shall be kept in the office of

officers of

company.

Annual report of Board to Secretary of State.

What to

contain.

Running cars, etc.

Public notice 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 mails, 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.

*Section forty-four is superseded by section seven of chapter one of an Act relative to the Commissioner of Transportation, approved April 1, 1878.