pay SEC 46. In case of refusal by such company, or their Company to agents, so to take and transport any passengers or property, damages. or to deliver the same at the regular appointed place, such company shall pay to the party aggrieved all damages which shall be sustained thereby, with costs of suit. ment of or. *SEC. 47. It shall be unlawful to place baggage, freight, Arrange merchandise, or lumber cars in the rear of passenger cars, trains. and for any violation of the provisions of this section the company shall be liable, upon complaint, to the party complaining, in the sum of five hundred dollars, and the person, agent, director, or officer so causing the cars to be placed, Misdemeanshall be guilty of a misdemeanor, and upon conviction of such offense shall be fined in any sum not exceeding five hundred dollars, or imprisonment in the County Jail for three months, or both such fine and imprisonment, and should any accident happen to life or limb, by such unlawful arrangement of cars, the person, agent, director, or officer who so directed, or suffered such arrangement, shall be guilty of felony, and upon conviction thereof shall be imprisoned Penalty. in the Penitentiary for any term not less than three and not more than ten years. SEC. 48. In case any passenger on any railroad shall be when liable. injured on the platform of a car, or on any baggage, wood, gravel, or freight cars, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, or in violation of verbal instructions given by any officer of the train, such company shall not be liable for the injury; provided, said company at the time furnished room inside its passenger cars sufficient for the accommodation of its passengers. may eject wear badge. SEC. 49. If any passenger shall refuse to prepay his fare conductor or toll, upon demand, it shall be lawful for the conductor of passengers. the train, and the employés of the company, to put him out of the cars at any stopping place the conductor shall elect. SEC. 50. Every conductor, baggage-master, engineer, brake- officers to man, or other employé of any such railroad company, employed in a passenger train, or at stations for passengers, shall wear upon his hat or cap, or in some conspicuous place on the breast of his coat, a badge, which shall indicate his office or station, and the initial letters of the name of the *Compare section forty-seven with section one, chapter three of an Act relative to the Commissioner of Transportation, approved April 1, 1878. Rates of charges. Penalty for intoxication. Injury to works of company. Penalty. company by which he is employed. No collector or conductor, without such badge, shall demand or be entitled to receive from any passenger any fare, toll, or ticket, or exercise any of the powers of his office or station; and no other of said officers or employés, without such badge, shall have any authority to meddle or interfere with any passenger or property. *SEC. 51. It shall be unlawful for any such railroad company to charge more than ten cents per mile for each passenger, and fifteen cents per mile for each ton of freight transported on its road; and for every transgression of such limitation the company shall be liable to the party suffering thereby treble the entire amount of fare or freight so charged to such party; provided, that in no case shall the company be required to receive less than twenty-five cents for any one lot of freight for any distance. †SEC. 52. If any person shall, while in charge of a locomotive engine, running upon any railroad for such company, or while acting as a conductor of a car or train of cars on any such railroad, be intoxicated, he shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one thousand dollars, or imprisoned in the County Jail not exceeding six months. SEC. 53. If any person or persons shall willfully do or cause to be done any act or acts whatever, whereby any building, construction, or work of any kind, of any such company, or any engine, machine, or structure, or any matter or thing appertaining to the same, or to the track of said road, or any property or thing belonging to or appertaining to such railroad, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, such person or persons so offending shall be guilty of a misdemeanor, and shall forfeit and pay to said company treble the amount of damages sustained by means of such offense, besides a fine not exceeding five hundred dollars, or imprisonment in the County Jail not exceeding six months, or both such fine and imprisonment, in the discretion of the Court; and if, by reason of any unlawful acts, any accident should happen to life or limb of any person riding or being in the cars of such railroad, then *Compare section fifty-one with section six of chapter one of an Act relative to the Commissioner of Transportation, approved April 1, 1878. Compare section fifty-two with section six, chapter three, of an Act relative to the Commissioner of Transportation, approved April 1, 1878. such person or persons shall be guilty of felony, and upon conviction thereof shall be imprisoned in the Penitentiary for any term not less than three nor more than ten years. It shall be unlawful for any person or persons, engaged in mining or other pursuits, to tunnel, drift, or in any manner excavate under or upon any land belonging to any railroad company, without the consent of such company; and any person so offending shall be liable to the fine and punishment hereinbefore mentioned, whether injury results to any person by reason thereof or not. SEC. 54. Such railroad company shall, within two years Forfeiture. after filing its original articles of association, begin the construction of its road, and shall every year thereafter complete and put in full operation at least five miles of its road, until the same shall be fully completed; and upon its failure so to do, for the period of one year, its right to extend its road beyond the point then completed shall be forfeited. (Amendment approved April 1, 1870.) or report. SEC. 55. If any certificate or report made, or public notice False notice given by the officers of such company, in pursuance of the provisions of this Act, shall be false in any material representation, all the officers who shall have signed the same shall be jointly and severally liable for all the debts of the company contracted while they are stockholders or officers thereof, and shall likewise be guilty of a misdemeanor, and Penalty. shall be fined in any sum not exceeding one thousand dollars, in any Court having jurisdiction, and disqualified from holding any office of trust or profit in such company. made when liable. SEC. 56. If the directors of such company shall declare Dividends and pay any dividend when the company is insolvent, or insolvent. any dividend the payment of which would render it insolvent, they shall be jointly and severally liable for all the Directors debts of the company then existing, and for all that shall thereafter be contracted, so long as they shall respectively remain in office; provided, that if any of the directors shall Except be absent at the time of making the dividend, or shall object thereto, and shall within thirty days thereafter, or after their return, if absent, file a certificate of their absence or objection with the Secretary of the company, and with the Clerk of the county, or District Court of the county, in which the principal office of said company is located, they shall be when. nies may accept new law. Old compa- exempt from said liability. All the existing railroad companies in this State may acquire, and may be possessed of all the powers, rights, and benefits conferred by this Act, fully and completely, by filing a written acceptance thereof in the office of the Secretary of State, signed by all the directors of such company, and attested by the President and Secretary thereof, with the seal of such company affixed thereto; and the acceptance of any part of this Act shall be deemed and taken to be an acceptance of the whole Act, and a surrender of the Act or Acts under which such company may be organized; thereupon such company shall possess all of such powers, rights, and benefits so accepted, and be subject to all of the obligations and restrictions herein specified as fully and completely as they would have had and been if organized under this Act. Rails to be used. Proviso. Street railroads. Repealing clauses. SEC. 57. All railroads, built by companies incorporated under the provisions of this Act, shall be constructed of the best quality of iron rail, known as T rail, or H rail, or other pattern of equal utility, until otherwise provided by law; provided, the provisions of this section shall not apply to tracks laid down in the streets of incorporated cities or towns, or to railroad tracks used exclusively for carrying freight, or for mining purposes. (Amendment approved May 6, 1862.) SEC. 58. Corporations may be formed under this Act for the purpose of constructing, running, operating, and maintaining a street railroad, or railroads, being wholly within the limits of a city and county, city or town, under a franchise or franchises granted to such corporation, or to their assignors, by an Act or Acts of the Legislature of California. Such corporations shall be subject only to the provisions of sections one to sixteen of this Act, both inclusive; of subdivisions two, three, four, five, ten, and thirteen of section seventeen, and to the provisions of sections fifty-five, fiftynine, and sixty, and shall have all the rights and powers in such sections and subdivisions granted, and no others of those in this Act conferred; but notwithstanding anything in this Act to the contrary provided, such corporations shall also have all the rights, powers, and privileges conferred by the Act or Acts granting the franchise or franchises in this section before mentioned. SEC. 59. An Act entitled "An Act to provide for the incor poration of railroad companies," approved April twentysecond, eighteen hundred and fifty-three, and all Acts supplementary to or amendatory thereof, are hereby repealed; provided, however, that this section shall not take effect until the expiration of sixty days from the passage of this Act, nor shall the same affect any rights, powers, franchises, or privileges obtained or now enjoyed by any person or persons, or company, under any law of this State heretofore in force. cffect. SEC. 60. This Act shall take effect and be in force from To take and after its passage. CHAPTER CCCLXXXI.—An Act to amend an Act entitled an Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved May twentieth, eighteen hundred and sixty-one. [Approved May 6, 1862.] The People of the State of California, represented in Senate and [Section 1 contains the amendment to Sec. 57 of the above Act of 1861, therein inserted.] and intersec SECTION 2. Whenever the track of one railroad shall inter- Crossings sect or cross the track of another railroad, whether the same tions. be street railroad wholly within the limits of a city or town, or other railroad, the rails of either or each road shall be so cut and otherwise adjusted as to permit the passage of the cars on each road with as little obstruction as possible; and, Adjustment. in case the persons or corporations owning the said railroad cannot agree as to the compensation to be made for the said cutting and adjusting of their rails, the same shall be ascertained by commission, as herein before provided in respect to the taking of lands. streets, etc., two-thirds Board of SEC. 3. No railroad company heretofore organized, or that Not to use may hereafter be organized, under the Act of which this Act except by is amendatory and to which it is supplemental, shall have vote of the right to use any of the streets, or highways, or any of the Supervisors. lands, or waters, within any incorporated city, or any city and county, of this State, unless the right to use the same be granted to said company by a vote of two-thirds of all the |