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railroad where the same passes through uninclosed tracts of lands, nor until inclosures shall be made abutting upon the property of said company; and such Commissioners shall, on or before the time or times as ordered by said court, or Judge, To file report. file in said Clerk's office their report, signed by them, setting forth their proceedings in the premises, and they may include all of said tracts in one report, or they may make several reports, including one or more of said tracts of land, if the court, or Judge, shall so order, or if they shall deem it proper. In case there are adverse or conflicting claims to the compensation assessed for any tract of land, or any right, title, or interest therein, thus sought to be appropriated, the parties thus asserting such claims shall present the same, by petition, to the court, or Judge, after the report of the Commissioners shall have been filed, and the said court, or Judge, shall proceed to hear and determine the same; and in such case, said company may pay the amount of such compensation to the Clerk of said court, to abide the order of the court, or Judge in said proceeding, and said company shall not be liable for any of the costs caused by the adjudication of such conflicting claims.
Comfirmation of reports.
Record of reports.
Virginia and Truckee R. R. Co. v. Lovejoy, 8 Nev. 100; Walsh v.
865. SEC. 31. The said company, or any of said defendants, if dissatisfied with the report, may, within twenty days after the time for the filing of said report, and after ten days notice to the parties interested, move to set aside the report, and to have a new trial as to any tract of land, upon good cause shown therefor; and the said court or Judge shall set aside the report as to such tract of land, and may recommit the matter to the same or to other Commissioners, who shall be ordered to proceed in like manner as those first appointed; but such matter shall not be more than twice recommitted to Commissioners.
866. 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.
867. 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 com
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 cost.
868. SEC. 34. If the title attempted to be acquired by Defective virtue of the provisions of this Act, shall be found to be defect- titles. ive 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 rule or order in their 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 of, 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 in court, or give security, to be approved by such court, or Judge, to pay the compensation in that behalf
869. SEC. 35. Upon the report of the Commissioners Passage of. 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 become the property of said company for the purpose of its incorporation, and shall be deemed to be acquired for, and appropriated to, public use.
870. SEC. 36. Such company shall, within thirty days Payment of after the final confirmation of the report as aforesaid, pay or tender 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 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 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.
871. SEC. 37. The said court or Judge shall, at the time court to of the payment of the said sum of money to the said Clerk, or at 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.
872. SEC. 38. In all the proceedings in relation to the Definition of sale or appropriation of real estate, and ascertaining and "person." receiving the compensation therefor, for railroad purposes, as
Companies may consolidate.
874. SEC. 40. It shall be lawful for two or more railroad companies to amalgamate and consolidate their capital stock, 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 interests; but no such amalgamation or consolidation shall take 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 stockholders thereof, from any 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 Virginia City, and one at the capital of the state; 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 animal, 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 Not liable in fault. In any case, where the railroad company have heretofore, or 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 amount of damages allowed and paid for the right of way for such railroad, such company shall be entirely relieved and exonerated from all claims and 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
Publication of notice.
prescribed in this Act, the term "person" shall be deemed to include municipal or other incorporations.
Copy to be tiled.
To pay damages.
873. SEC. 39. The minutes of the proceedings had before such 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.
873. SEC. 41. A bell of at least twenty pounds weight Regulations shall be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad shall cross any street, road or highway, under a penalty of one hundred dollars for every neglect, to be paid by the cor- Penalty. poration 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.
Bunting and Harrison v. Central Pacific R. R. Co., 16 Nev. 277.
876. SEC. 42. A check shall be ffixed to every package or Checks. parcel of baggage, when taken for transportation, by the agent or employe 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 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 if, on producing said check, his or her baggage shall not be delivered to him or to her by the agent or employe of said railroad company, he or she may, 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.
profile to be
877. SEC. 43. Every railroad company in this state shall, Map and within a reasonable time after their road shall be finally located, ed. 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 shall be certified by the Chief Engineer, the acting President, and Secretary of such company, and copies of the same, so certified and filed as aforesaid, shall be kept in the office of the Secretary of the company, subject to examination by all parties interested.
878. SEC. 44. Every railroad company operating its line To whom or lines of railroad wholly, or in part, within this state, shall reports shall make an annual report to the Secretary of State of Nevada, of the operations of such railroad company, during the year ending on the thirty-first day of December, in each last preceding year, which report shall be verified by the oaths of the Presi- How verified. dent or Acting Superintendent of the operations and business of such company; and also by the oaths of the Secretary and Treasurer of such company; and shall file such report in the office of the Secretary of State, aforesaid, on or before the first Date of filin day of February in each year; and shall state in such report: First-The capital stock of such company, and the actual cash
capital paid in on such stock by the members of such company. Second-The amount of cash expended for the purchase of lands for the construction of the road of such company, the cost Members of of the construction of such road, and the cost of buildings,
engines, and cars respectively, used by such company in this state. Third-The amount and the nature of the indebtedness of such company and the amount due to such company. Fourth-The amount received by such company for the transportation of all passengers, and all freight, property, mails, and express matter over the road or roads of such company, together with all amounts received by such company from all other sources in connection with such road. Fifth-The amount of freight of all kinds transported over the road or roads of such company, specifying the quantity of such freight in tons. Sixth-The amount paid by such company 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 declared by such company, and when such dividends were paid. Eighth-The number of engine-houses and shops, together with the number of engines and cars, and the character of the same. Ninth-The net profits of such company during such year. And if either of the officers above named shall fail to make and file such report as above provided, or if either of such officers shall fail to make any and every statement required by this section of this Act to be made on or before the first day of February in each year, such company so neglecting, by its said officers, to comply with any of the requirements of this section of this Act, shall each day thereafter forfeit and be liable to pay as a penalty to the State of Nevada, for such neglect, the sum of five hundred dollars daily for each and every day, from and after the first day of February of each year, until such report containing such statement as above provided shall be filed, as in this secActions to be tion provided; and the Attorney-General of the state shall
commence an action, in the name of the State of Nevada, for the recovery of the sum of such penalties monthly, on the first Monday of each and every month thereafter, and the court shall proceedings. render judgment therefor against such company until such report containing such statement shall be filed with the SecreJudgments. tary of State; and such action or actions shall not be dismissed or compromised, except upon the full payment of the sum of such penalties, together with all costs of such actions, and executions shall issue against the property of such company until such judgments shall be fully satisfied.-As amended, Stats. 1879, 54.
Nature and contents of report.
Buildings, cars, etc.
Failures to comply.
Forfeiture and penalty.
Executions to issue.
Duties of company.
879. 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 accommodation 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