OFTHlE Railroad baws anl liel~atiolls in Force in the h D ui 'il P. S INCLUDING THE POLICE LAW OF OF RAILWAYS AND OTHER PROVISIOINS A SIMILAR CHARACTER. '\ WR EPRTET DIVISIQN OF CUSTOMS AND INSULAR AFFAIRS. AUJGUST, 1000. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1900. * 11TRANSLATION OP? THE Railroad baws aild Regilatiolls in Force in the i~illillies, INCLUDING THE POLICE LAW OF RAILWAYS'AND OTHER PROVISIONS OF A SIMILAR CHARACTER, ~WARZ IDEPA~rMIENr, DIVISION OF -CUSTOMS AND INSULAR AFFAIRS. AUGUST, 1900. WASHINGTON: GOVERNMENT PRINTING OFFICIE. 1900. THE 1Ew yORK PUB'LIC LIB AR ASTOR).W%=A TILDE.N L T w - I 9jult la CONTENTS. RAILWAY LAWS IN THE PHILIPPINES. Law of June 3, 1855: Page. Chapter I.-Classification of railways-. --- —----- 5 Chapter II.-The concession or authority to construct railways --- — 5 Chapter HII.-Formalities with which the authorization or concession should be requested -------- ----- ---- 6 Chapter IV. —Privileges and general exemptions granted to companies holding concessions ---- ----------- --- 7 Chapter V.-Forfeiture of concessions ----------------- 8 Chapter VI.-Conditions of construction to which that of railways must conform -------. ----------- 9 Chapter VII.-The operation of railways ------. ----. —.. —.. -- 10 Chapter VIII. —Studies of railway lines --- —-- -------— 11 Chapter IX.-Stock companies for the construction and operation of railways ------ --------------------- -------- 12 Law of July 11, 1856 ------ - --—. --- —------------ 15 Law of July 11, 1860 ----------------------- 17 Law of January 29, 1862-... ---- ----- ------ - 19 Royal Order of February 11, 1868 --- —------------------ 21 Royal Order of August 6, 1875 ----------------- 25 Chapter I.-Classification of railways --- —--- ----------------- 25 Chapter II.-The concession or authorization to construct and operate railways --- —------------------- -------------------------- 25 Chapter III.-Formalities to be observed in requesting authorization or concession -------- --------- ------ - 27 Chapter IV.-Privileges and general exemptions granted to concessioners - ----------------------- - 28 Chapter V.-Forfeiture of concessions ---- -- --- -- 29 Chapter VI.-Technical conditions tobe observed in the plans and construction of the lines --- —--------------------------------- 31 Chapter VII.-The operation of railways --- —-------------- 31 Chapter VIII.-The study of railway lines --------- ------ 33 Chapter IX.-Companies for the construction and operation of railways -------------- ---------- 34 Royal Order of August 9, 1876 --- —-------------------------------- 37 Royal Decree of May 11, 1883-.... --- ——......... —...- -------—. — 39 POLICE LAW OF RAILROADS IN FORCE IN SPAIN. Title I.-Regulations for the preservation of public roads, applicable to railways ----- ---------------------- --—.. ----. - 41 Title II.-Regulations for the preservation of roads which refer specially to railroads ----------------- 41 Title III.-Regulations common to the preceding titles --- —- ----- 42 Title IV.-Offenses of concessioner and lessees of railroads --- - 43 Title V.-Crimes and misdemeanors against the safety and preservation of railroads --------.. ---- ---------- ------- - 44 Title VI.-Procedure --- ——... ----------------- - 45 (3) 4 REGULATIONS FOR THE EXECUTION OF THE POLICE LAW OF RAILROADS OF SPAIN. Pace. Chapter I.-General provisions --- —-----—.... ---.... Chapter II.-The road and its preservation-.... -------- Chapter III.-Stations Chapter IV.-Material employed in the operation:.. --- —--------- Chapter V.-Formation of trains --- —----- ---------—.. ---Chapter VI.-Provisions relating to runs at intermediate stations and arrivals of trains ------------------ Chapter VII-Provisions relating to passengers and to persons not in the railroad service Chapter VIII.-Receipt, transportation, and delivery of baggage and merchandise. --- —--------------------------.............. Chapter IX.-Procedure for the punishment of crimes and offenses against the safety and preservation of railroads ---- ------------------ Chapter X.-Miscellaneous provisions --- —--------------------------- 47 47 51 52 53 56 58 60 67 68 RAILWAY LAWS OF THE PHILIPPINE ISLANDS. LAW OF JUNE 3, 1855. CHAPTER I. CLASSIFICATION OF RAILWAYS. ARTICLE 1. Railways shall be divided into lines of general service and of private service. ART. 2. Among the lines of general service those starting from Madrid and terminating at the coast or frontiers of the kingdom shall be classified as of the first class. ART. 3. All railway lines of general service are of public ownership, and shall be considered as works of public utility. CHAPTER II. THE CONCESSION OR AUTHORITY TO CONSTRUCT RAILWAYS. ART. 4. Lines of general service may be constructed by the Government, and, in its absence, by individuals or companies. ART. 5. In order that the Government may undertake the construction of a line with the funds of the State, of the provinces, or of the towns, it must be authorized by a law. ART. 6. Individuals or companies can not construct any line whatsoever, either of general or private service, if a concession for the same has not been previously obtained. ART. 7. This concession shall always be granted by a law. ART. 8. The construction of lines of general service may be aided with public funds: 1. By performing therewith specified works. 2. By paying to the companies, at stated periods, a part of the capital. invested, recognizing as the highest limit of said capital that estimated. 3. By insuring to the capital invested a minimum interest or a fixed interest, as agreed upon and determined in the law of each concession. ART. 9. The provinces and the towns directly interested in the construction of the line shall contribute with the State to the subsidy or payment of interest in the proportion and in the manner prescribed in the law of concession. (5) 6 ART. 10. The maximum amount of the subsidy or interest which is to be given the constructing company being determined by the law of the concession, the concession shall be offered at public auction, under the terms prescribed, for three months, and shall be awarded to the highest bidder, with the obligation to pay to the proper person the cost of the plans of the project which may have served as a basis for the concession, which amount must be fixed before making the public sale in the cases and in the manner determined by the regulations. ART. 11. In order to take part in the public auctions it must be shown that there has been deposited as a guaranty of the proposals which may be submitted, an amount which equals 1 per cent of the total value of the railway, according to the approved estimate. ART. 12. In no case shall titles of concession be issued for lines of general service until the concessioner shows he has deposited as a guaranty of his obligations 5 per cent of the amount of the estimate of the works, if the concession is subsidized, and 3 per cent otherwise. If the concessioner allows fifteen days to pass without making this deposit, the award shall be declared null, with the forfeiture of the bond given, and the concession of the line shall again be offered at auction for forty days, if it be of those issued by awards. ART. 13. The companies holding concessions may dispose of the amount which they may have deposited as a guaranty for the construction of the railway, in proportion as they show that they have performed sufficient labor to cover said amount, the works of the railway remaining specially mortgaged for the amounts returned, in the place of said guaranty. ART. 14. The concession for lines of general service shall be granted for a period not to exceed ninety-nine years. ART. 15. Upon the expiration of the term of the concession the State shall acquire the line granted, with all its dependencies, and shall fully enjoy the right of operation. CHAPTER III. FORMALITIES WITH WHICH THE AUTHORIZATION OR CONCESSION SHOULD BE REQUESTED. ART. 16. When the Government shall consider it proper to construct a railway line with public funds, it shall present to the Cortes, with the project of a law of authorization, the following documents: 1. A report descriptive of the project. 2. A general plan, with longitudinal and transverse profiles. 3. An estimate of the cost of construction and the annual cost of the repairs and maintenance of the line. 7 4. An estimate of the cost of the material necessary for the operation and the annual cost of its repair and maintenance. 5. A schedule of the highest rates to be demanded for fares and transportation. 6. A report, in which are heard the deputations of the provinces interested in the construction, and the persons and corporations which, in the judgment of the Government, can throw light on the subject, showing the utility of the plan. This report as to utility is not necessary with regard to the lines classified as of the first class in this law. ART. 17. The individuals or companies who desire a concession for a railway line shall address their petition to the Government, and must present therewith the documents mentioned in the foregoing article, except the report prescribed in paragraph 6, which should be prepared by the Government, and must also show that there has been deposited as a guaranty of the proposals they may submit or admit in the course of the proceedings, 1 per cent of the total estimated cost of the works and operating material of the line. ART. 18. The plan being approved and the conditions of the concessions being mutually accepted, the Government shall present to the Cortes the proper form of law, together with the documents mentioned in article 16, in accordance with the provisions of article 7. CHAPTER IV. PRIVILEGES AND GENERAL EXEMPTIONS GRANTED TO COMPANIES HOLDING CONCESSIONS. ART. 19. Foreign capital employed in the construction of railways or in loans for this purpose shall be under the protection of the State and is exempt from reprisals, confiscations, or attachments by reason of war. ART. 20. The following shall at once be granted to all railway companies: 1. The public lands which the road and its appurtenances may have to occupy. 2. The rights which the inhabitants 'of the districts through which the line passes have to cut timber, to pasture, and other rights, shall be enjoyed by the employees and laborers of the companies and for the care of the draft animals employed on its works. 3. The right to open quarries, gather loose stone, construct lime, chalk, and brick kilns, to deposit material and establish workshops to work the same on lands adjoining the lines. If these be public lands, the right shall be exercised after giving previous notice to the local authority; but if it should be private property it can not be used without first advising the owner or his 8 representative through the mayor of the territory, and after formally binding themselves to indemnify the owner for all losses and damages thereby caused. 4. The exclusive right to collect, while the concession lasts and according to the schedules approved, the rates charged for passengers and freight, without prejudice to those belonging to other companies. 5. The equivalent of such rates and charges shall be fixed with regard to the construction companies in the law of the concession of the line. And with regard to the operating companies the Government shall fix them annually, observing the procedure established in the regulations. 6. The exemption from mortgage fees now due and which shall hereafter become due for the transfer of ownership made by virtue of the law of eminent domain. CHAPTER V. FORFEITURE OF CONCESSIONS. ART. 21. Whenever a forfeiture of a concession is definitely declared, the amount of the guaranty which may have been demanded of the concessioner shall be kept for the benefit of the State. ART. 22. Railway concessions shall be forfeited if the work is not begun, or if the line or sections into which it is divided are not concluded within the periods fixed therein, excepting cases of force majeure. When any of these cases should occur, and it is duly proven, the Government may extend the periods granted for the time absolutely necessary; but at the conclusion of the extension the concession shall be forfeited, if within said period what may have been stipulated is not accomplished. ART. 23. The concession shall also be forfeited if the public service of the line should be totally or partially interrupted through the fault of the company in the case foreseen in article 39. ART. 24. From the decision of the Government declaring the forfeiture, the concessioner may appeal, through administrative litigation, within the period of two months, counted from the day on which he may have been advised thereof. If he should not appeal within this period, the resolution of the Government shall be considered as accepted, and no appeal shall lie therefrom. ART. 25. When forfeiture is definitely declared, the annulled concession shall be offered at public auction. 9 ART. 26. The basis of this auction shall be the value, according to an appraisement made, of the lands purchased, the work performed, the constructing and operating material in existence, with deductions for the aid or subsidies granted to the concessioner and given to him in lands, works, money, or in any other values. ART. 27. If no bidder should appear at the public sale within the period fixed, a new auction shall be advertised for a period of two months, and on the basis of two-thirds of the amount of the appraisal, and if even then it should not be sold, the third and last auction shall be announced for a term of one month, and for one-half of said appraisal. ART. 28. The award of the line having been made at any of the three mentioned public sales, there shall be deducted from the proceeds of the sale the amount of the guaranty which the concessioner may have taken from the deposit in order to invest the same in the works, according to the provisions of article 13, and the expenses of appraisal and sale, delivering the remainder to the bankrupt concessioner or to his legal representatives. He who by the auction is the new concessioner shall give as a guaranty 5 per cent of the value of the unfinished works until the total estimate is completed, and in everything else the provisions of this law shall be applicable to him as though he had been the original concessioner. ART. 29. Should the concession not be awarded at any of the three auctions referred to and it is agreed to continue the works of the railway by the State, the Government shall present to the Cortes the proper form of law. CHAPTER VI. CONDITIONS OF CONSTRUCTION TO WHICH THAT OF RAILWAYS MUST CONFORM. ART. 30. Railways shall be constructed according to the following conditions: 1. The gauge of the road or distance between the inside edges of the rails shall be 1 meter 67 centimeters (6 Castilian feet). 2. The distance between the tracks shall be 1 meter 80 centimemeters (6 feet 6 inches, Castilian measure). 3. The other dimensions, as well as the conditions of construction, shall be determined in each particular case by the Government. 4. Railways may be constructed with a single or double track or with a combination of these systems. 10 CHAPTER VII. THE OPERATION OF RAILWAYS. ART. 31. Every railway shall have two distinct uses, one for passengers and the other for freight. ART. 32. The charges for each shall be those fixed by the schedules in forcefor each line. ART. 33. In the document of conditions of each concession shall be included the gratuitous services which the company shall furnish and the special rates for public services, among the former being the carrying of the ordinary mails at the hours fixed by the Government. ART. 34. No one shall be prohibited from the establishment of transportation companies by paying the proper charges. ART. 35. After the first five years that the railway is in operation, and thereafter every five years, a revision of the schedules of rates shall be made. If the Government believes that without prejudice to the interests of the company the rates may be lowered, and the company does not agree to the reduction, it may nevertheless be made by a law guaranteeing to the company the total earnings of the previous year, and also the average progressive increase which it may have had in the last five years. ART. 36. The companies may at any time reduce the schedule of rates as they may consider proper, advising the Government thereof. In such case, as in those included in the foregoing article, the changes made in the rates shall be duly announced beforehand to the public. ART. 37. Along all roads there shall be established a telegraph line with the wires prescribed in the concession of each one. Its construction and repair shall be at the expense of the company, and the service of official and private correspondence shall be under the charge of the Government, whose employees shall be at the same time obliged to render the special service of the lines if the companies demand it. ART. 38. Every company holding a concession is obliged to maintain transportation service or to procure it by private contract. ART. 39. When the public service of the railway is wholly or partially interrupted through a fault of the company, the Government shall immediately take the necessary steps to provisionally insure such service, at the expense of the company. The company holding a concession must, within the period of six months, show that it has the necessary funds for continuing the operation, being privileged to transfer the operation to another 11 company or to a third person, after special authority from the Government. If even by this means the service should not continue, the concession shall be considered as forfeited, observing, therefore, the provisions of Article 23 et seq. of Chapter V of this law. ART. 40. The operation of the railways of the State shall be undertaken by the Government or by companies which contract for this service at public auction, as may be most advisable for the public interests. ART. 41. In each concession shall be determined the manner in which the Government should exercise the necessary intervention in order to keep the railway service in good condition, and obtain information of the income and expenses of the company. ART. 42. In the laws and special regulations which may be adopted for the police of railways shall be determined what may be proper with regard to the preservation and security of each road and of its works, there being observed therein meanwhile the provisions in force relating to roads, in so far as applicable to railways. CHAPTER VIII. STUDIES OF RAILWAY LINES. ART. 43. The Government shall order that the studies be made at once, or those commenced be completed, relating to general lines of the first class, included in this law, by commissions of engineers, national or foreign, in order that they may, according to the plans and estimates which they prepare and approve, begin the construction of said lines. The same shall be done whenever it is proposed to construct a general line of the first class. ART. 44. In order to meet the cost of these works, the necessary sums shall be appropriated in the ordinary budget. ART. 45. The Government may authorize individuals and companies to make investigations for the purpose of securing the data and documents which, according to the provisions of articles 16 and 17, are necessary in order to obtain the concession of a line, without it being understood that this authorization confers any right against the State, nor limits in any manner whatsoever the power which the Government has to grant like authority to those who desire to investigate the same line. 12 CHAPTER IX. STOCK COMPANIES FOR THE CONSTRUCTION AND OPERATION OF RAILWAYS. ART. 46. The Government may provisionally authorize the formation of stock companies for the construction and operation of railways, according to this law and that of January 28, 1848, providing that the following provisions are not annulled or modified: 1. The capital stock shall be at least equal to the total cost of the work of construction and of the material for operating the line which the company proposes to acquire. 2. When two-thirds of the capital stock have been' subscribed the provisional establishment of the company can be authorized. 3. This provisional authorization only allows the company to appoint its directors, request the concession for the line which it is proposed to construct and operate, make its proposals at the auction, if the concession were to be granted with this requisite, and demand of the stockholders up to 10 per cent of their stock for the exclusive purpose of covering the cost of its organization, studies of the project, and the deposit required as a guaranty of the concession. 4. Until the company has been definitely organized and has obtained the concession or award of the line, it can not issue stock certificates or any other sort of transferable or negotiable documents, transfers being null and of no value which are made on the promises of stock or on the provisional certificates which are given to the subscribers. 5. The original subscribers and their assignees are liable for the payment of the first dividends, in solido, until the half of the nominal value of their stock is paid in. 6. When the stockholders have paid the total value of their stock the same may be converted into certificates payable to bearer. ART. 47. The company shall be considered as definitely constituted as soon as the law relating to its organization is published. ART. 48. If two-thirds of the capital stock are subscribed, paid in, and invested in the works of the line, and the company is not able to collect the other third of the capital by means of the issue and negotiation of stock not subscribed for, it may obtain authority of the Government to secure said third part of the capital by means of loans secured by a mortgage on the proceeds of the railway to whose construction or operation it is destined. In such case, the authorization may include also the power to issue cedulas or mortgage obligations with fixed interest and redeemable within the period of the concession, in the years fixed in the same. 13 ART. 49. The company. may also obtain from the Government authority to increase the capital stock, if the inversion of the same should not have been sufficient to place the entire line in operation, and if the increase requested should not affect the public funds in any manner whatsoever. If it should affect such funds, the authorization shall be the object of a law. ADDITIONAL ARTICLE.-The provinces and towns immediately interested in the construction of lines already granted in a concession shall contribute the third part of the subsidy granted. Therefore, we order all tribunals, justices, chiefs, governors, and other authorities, civil as well as military and ecclesiastical, of whatsoever class and rank, that they observe and enforce the observance, fulfillment, and execution of this law in all its parts. ARANJUEZ, June 3, 1855. I, the Queen. FRANCISCO DE LUXiAN, Secretary of the Interior. LAW OF JULY 11, 1856. ARTICLE 1. After a concession has been obtained for a railway, canal, or other public work, by virtue of a law, the Government may authorize, by means of royal decrees agreed to in the council of secretaries, the formation and definite constitution of the company which must carry the same into effect. ART. 2. The domicile of these companies shall be established in a town of the Peninsula or of the adjacent islands. ART. 3. The companies formed according to the provisions of article 1 may unite to the principal object of their organization that of the fusion of other associations of a like nature, providing always that for this purpose they secure the approval of the Government and comply with the other requisites which it may consider necessary. ART. 4. The capital of the companies shall be determined with entire subjection to rule 1 of article 46 of the general railway law in its respective statutes, which shall determine the manner in which the stock shall be issued. ART. 5. The shares shall be payable to bearer as soon as 30 per cent of their face value has been paid; and the first assessment, which in no case can be less than 15 per cent, shall be paid within the thirty days following that on which the by-laws of the combined companies have been approved by the Government. Any stockholder, however, shall have the right to deposit his shares in the treasury of the company, receiving from the same the proper receipt therefor made out in his name. ART. 6. The provisions of article 283 of the Code of Commerce shall not have any effect against the grantors of these shares payable to the bearer. ART. 7. Railway, canal companies, or those for other public works may also issue obligations to bearer with a fixed interest and redemption determined within the term of the concession, with a mortgage on the works and proceeds of the railway, canal, or other public work, to whose construction or operation it is destined. The total of all the obligations issued shall never exceed one-half of the ~ capital realized from the shares of the company. ART. 8. Both the shares to bearer and the obligations issued shall be considered as public securities for purposes of negotiation only. ART. 9. Theiirectors of said companies shall be named by the respective general meetings of the shareholders. Nevertheless (15) 16 they may designate in their by-laws those who are to compose tie first board of directors, their appointment being subject to the approval of the first general meeting and of the Government. The general meeting of the shareholders shall fix the benefits and emoluments which the founders and directors of the company shall enjoy. ART. 10. The resolutions with respect to the alienation, transfers, union or fusion referred to in article 3 shall be adopted at a general meeting of the shareholders in which are represented the holders of two-thirds of the capital stock, and in this manner they shall be binding upon all the shareholders. If at the first meeting said two-thirds should not be represented a second meeting shall be called, which, whatever be the number present, may adopt the resolutions mentioned, which shall be binding on all the shareholders. ART. 11. The companies shall be obliged to present to the Government of Her Majesty, through the civil governor, a detailed balance indicating all its assets and liabilities, which shall be published in the Gaceta, and whenever the Government asks for it, they shall forward through the same channel statements which give full information of its operations, as well as the other notices and details relative to the receipts and expenditures of the company. The Government may also make an examination whenever it considers the same necessary, of the auditing and administration of the companies and verify their assets, naming for this purpose delegates to be paid by the companies themselves, and to whom the respective directors, superintendents, or managers must present whatever books, data, values, and documents may be asked for which exist or should exist in their offices. ART. 12. The prescriptions of the general railway law of June 3, 1855, remain in force and are applicable to these companies in so far as not conflicting with the provisions of this law and those which may go into effect hereafter with reference to commercial corporations. LAW OF JULY 11, 1860. ARTICLE 1.-Companies holding concessions for public works may issue obligations to an amount equal to the sum total of the capital invested in place of the limit of 50 per cent prescribed by the law of July 11, 1856. The subscription necessary to authorize the formation of the said companies remains fixed at 50 per cent of the capital stock, in place of the two-thirds required by the law of June 3, 1855, and that cited in the preceding paragraph. ART. 2. In companies of.this class, which enjoy a stable subvention consisting of the payment of a part of the capital invested, whether from the funds of the State, or of the provinces or of the municipalities, said subvention shall be considered as capital stock only for the purpose of issuing obligations as the companies receive said subsidy. ART. 3. The assessments whose payment is indispensable according to the provisions of article 5 of the law of July 11, 1856, in order to authorize the formation of these companies, can not be less than an amount equivalent to 10 per cent of the capital stock. ART. 4. When companies holding concessions for public works acquire a new railway line, canal, or any other work distinct from that which constitutes its corporate object, it may pay the purchase price in obligations to the limit which the selling company is allowed to issue according to the provisions of article 1. 4590 ----2 (17) LAW OF JANUARY 29, 1862. ARTICLE 1. The limit of the issue of obligations authorized by article 1 of the law of July 11, 1860, to companies holding concessions for public works shall be determined by the sinking-fund value of -the same obligations and by the interest fixed on this value. When the interest should be 6 per cent, considered as an average rate, the total sinking-fund value of the obligations issued, computed by their nominal value, can not exceed a sum equal to the capital realized from the shares, or this sum and the amount of the subsidy received if the company should receive this aid. ART. 2. When the interest offered on the sinking-fund value and nominal value of the obligations should be less than 6 per cent, the limit of the issue shall be proportionately increased as the rate of interest decreases. The amount of all the obligations, computed at their nominal value, shall not exceed, however, no matter how small the interest offered, a sum equal to double that of the capital realized from the shares, or the double of this and the subsidy received in a proper case. ART. 3. If the interest on the nominal value should exceed 6 per cent, the limit of the issue shall be reduced proportionately to the difference which exists between the interest which serves as a basis and the interest that is offered. This provision shall not be applicable to the issues made at an interest higher than 6 per cent on the nominal value before the publication of this law.' Said issues shall be computed as made at the average interest, but on renewing the operation or making new issues the company shall be subject to the foregoing rule. ART. 4. In the future, all issues of obligations which can not be redeemed with the proceeds of the works within the term of the concession and without resorting to the same means of credit shall be forbidden. ART. 5. Every three months the Government, in view of the quarterly statements of the condition, and of the notices received through the governors of the provinces, or of the respective delegates, shall publish in the Gaceta Oficial the number, nominal value, and interest, on this value of the obligations issued by each one of said companies, as also the amount of the capital realized from the subsidy received by the same. (19) 20 ART. 6. The Government shall issue the regulations which it, may consider proper in order to insure the fulfillment of the provisions of this law. Given at the Palace on January 29, 1862. I, the Queen. ANTONIO AGUILAR Y CORREA, Secretary of the Interior. ROYAL ORDER OF FEBRUARY 11, 1868. The Queen (whom God preserve) has deigned to issue the following royal decree: In view of the law of July 16, 1864, for the concession of railways employing animal power, in view of the letter of the superior civil governor of the Philippine Islands and the report which accompanies the same, made by the consulting board of public works, requesting the application in that archipelago of the said law. Upon the recommendation of the colonial minister, in harmony with the report of the full council of state, I hereby decree the following: ARTICLE 1. The objects of the present decree are the railways employing animal power and the others in which locomotives are not employed in the Philippine Islands. ART. 2. Those on which suitable cars can run to traverse the ordinary public roads shall be considered as perfected roads, and as such subject to the legislation in force for wagon roads, providing that they are supported by public funds of the State, of the province, or of the towns. The construction of railways, to which reference is made in this article, in wagon roads already built or in course of construction, shall be considered as an improvement of the said wagon roads. ART. 3. The railways menti6ned in article 1 may be constructed by the administration, by contract, and by concessions to companies or individuals. ART. 4. For the construction of a railway by the administration or by contract, in whose, operation there must be employed special materials which can not be carried over the ordinary roads, the superior civil governor shall require the authorization of the Government. ART. 5. Individuals or companies can not construct any railway of those which are the object of this decree without having obtained the proper concession. ART. 6. This concession shall be granted by the superior civil governor after being authorized by the Government for the purpose, giving -due information to the full council of administration before forwarding the proceedings to the colonial minister. ART. 7. The term of concessions can not exceed sixty years. (21) 22 ART. 8. Upon the expiration of the term of the concession, the Government shall be substituted in the rights of the company in the railway and its dependencies, entering immediately in the enjoyment of its proceeds. ART. 9. The Government may at any time revoke the concession of a railway, after indemnifying the company holding the same. ART. 10. In order to petition for a concession the company must deposit 1 per cent of the total estimated cost of the railway as a guaranty of the propositions which it may make or admits in the course of the proceedings, which deposit shall be increased to 3 per cent fifteen days after the concession has been granted, in order to answer for the obligations of the contract. ART. 11. The concession must relate to a plan approved by the Government, prepared according to the forms and regulations in force, and after the proper investigation as to its public utility. ART. 12. Every railway line, whose project may have been approved in the manner prescribed in the preceding article, shall be considered by this fact as having been declared of public utility for the purposes of eminent domain. ART. 13. The plan being accepted by the superior civil governor, and the conditions and schedules of the concession having been mutually accepted, it shall be forwarded to the Government for the proper decision, after hearing the full council of administration. ART. 14. There shall at once be granted to the individuals or railway companies the following: 1. The public lands required by the road and its dependencies. 2. The rights which the inhabitants of the districts through which the line passes have to cut wood, to pasture, and other rights, shall be enjoyed by the employees and laborers of the companies, and for the care of the draft animals employed on the works. 3. The right to open quarries, gather loose stone, construct lime, chalk, and' brick kilns, to deposit material and establish shops to work the same on lands adjoining the line. If these lands Should be public the company shall enjoy that privilege gratuitously, first giving notice to the local authority; but if it should be private property it can not be used without first advising the owners thereof or their representatives through said local authority, and formally binding themselves to indemnify the owner for losses and damages caused thereby. 4. The exclusive right to collect, while the concession lasts and according to the schedule of rates approved, the rates charged for passengers and freight, without prejudice to thos6 which may belong to other companies. 23 5. The exemption from the duties fixed in the customs tariff and those of ports and lighthouses which materials of prime necessity should pay, as well as manufactured articles, instruments, utensils, cars, lumber, and everything which constitutes the stationary and rolling stock which must be imported from abroad, and is exclusively applied to the construction and first establishment of the line. The equivalent of such duties shall be fixed when the concession is granted. 6. The exemption from mortgage charges for the transfer of ownership made in virtue of the law of eminent domain. ART. 15. The technical conditions shall be fixed in each particular case after hearing the report of the consulting board of public works of those islands. ART. 16. The Government shall establish the schedule of maximum rates for passengers and freight for each concession in view of the estimate of the proceeds of the railway. ART. 17. The company holding a concession shall collect these charges when transportation is effected with its means and at its expense, but it can not prevent the establishment of other transportation companies when these pay the passage indicated in the schedule. ART. 18. The companies may at any time reduce the schedule rates as they may desire, advising the superior civil governor, and at the same time informing the inspecting engineer of railways. The reduction shall be made proportionately on passage and freight. Without prejudice to this, the companies may apply to those who accept the same, special rates subject to the provisions of the royal orders of December 6, 1866, and of September 22, 1867, issued for the Peninsula. If any persons do not accept these rates they have the right to demand that no other than the general rates be exacted, with all the conditions established in the same. ART. 19. Every company holding a concession shall be obliged to maintain constantly the service of transportation or secure it by means of private contracts. ART. 20. When by fault of the company this service is partially or entirely interrupted, the superior civil government shall take the necessary steps to secure the same provisionally at the expense of the company, according to the provisions contained in the document of private conditions. ART. 21. The operation of the railways constructed at the expense of the State shall be effected by the administration or by the lessee who contracts for this service at public auction. ART. 22. If a company should not conclude the works of the railway within the periods fixed, or should fail to comply with the obligations of the concession, the same shall be forfeited, excepting unforeseen causes of force majeure, and the concession may again 24 be sold at public auction, the legal price serving as a basis for the sale, according to appraisement of the work performed and material employed. After the award, the new concessioner shall pay to the original one the value in the public sale of such works and material. ART. 23. The superior civil governor may authorize the establishment of the railways comprised in this decree in the public roads, streets of towns, and cart roads of all kinds, with the necessary precautions, in order that the public service of the same be not interrupted nor the transit of ordinary vehicles. ART. 24. The tramways which are the subject-matter of this decree, when destined to the working of mines, quarries, and forests, for the communication of industrial establishments, or of any other kind, or for the use of buildings, estates, or private properties, and pass over lands that are not the private property of the constructor the road, shall be considered as lines of private service, and, as such, are subject to what is prescribed in the regulations in force, or which may be issued hereafter, relating to lines of this character. ART. 25. The superior civil governor shall prescribe, when necessary, the instructions which he may consider proper for the enforcement of this decree. Given at the palace, on February 11, 1868. Rubricated by the royal hand. CARLOS MARFORI, Colonial Minister. Which I communicate to Your Excellency, by royal order, for your information and the proper purposes. God guard Your Excellency many years. MARFORI. MADRID, February 11, 1868. Gaceta de Manila, April 19, 1868. ROYAL ORDER OF AUGUST 6, 1875. In view of the reasons submitted to me by the colonial minister, and having heard the opinion of the full council of state in full on the propriety of issuing the general bases for the legislation for railways in the Philippines, I hereby decree the following: CHAPTER I. CLASSIFICATION OF RAILWAYS. ARTICLE 1. The railways of the Philippine Islands shall be classified as lines of general service and lines of private interest. ART. 2. Until there shall be formed and approved a plan of the railway lines of general interest for said Islands, the Government shall decide the class to which each line whose concession may be requested shall belong, in view of its importance and the public and private interests which its construction may affect. ART. 3. All the railway lines of general service are hereby declared to be works of public utility for the application of the privileges which the provisions in force grant to those which have this character. Lines of private interest must first be declared of public utility in order to enjoy said privileges. CHAPTER II. THE CONCESSION OR AUTHORIZATION TO CONSTRUCT AND OPERATE RAILWAYS. ART. 4. The construction and operation of railway lines of general service may be performed by the Government, and in its default by private persons or companies. Lines of private interest shall always be constructed and operated by their owners or concessioners with the intervention of the agents of the Government specified in the regulations. ART. 5. The construction of a line can not be commenced, whether built with the funds of the State or with a subvention of State or local funds, without its plan being approved and without first securing royal permission or concession, until by means of a public auction. Lines for which no subsidy whatsoever is requested shall be granted by the Government after the proper (20) i 26 proceedings for the declaration of public utility, if it should be asked for, and also permission to cross other lines and channels or lands of public ownership crossed by the said lines. The lines for the building of which such declaration or permission is not requested shall be granted by the governor general, reporting the same to the Government. ART. 6. The construction of lines of general interest may be aided by the State or with local funds: 1. By giving to the concessioner part of the works already constructed. 2. By paying at fixed periods a part of the capital invested, recognizing as the limit thereof the approved estimate. 3. By granting him the ownership of lands of the State adjoining or nearest to the line which may be disposed of, and 4. By granting the privileges and exemptions prescribed in Chapter IV. After the plans of each line or section have been approved, in view of proceedings instituted in the Philippines, and after hearing the council of state, the Government shall determine the maximum amount of the subsidy or subsidies with. which its construction should be aided, and the periods of the payments thereof. ART. 7. The concessions for lines subsidized by the State or with local funds shall be granted for the maximum period of ninetynine years. Lines not subsidized shall be granted in perpetuity or temporarily, as may be considered equitable in each case.. ART. 8. After the subvention of a line or section has been determined, the concession thereof shall be offered at public auction, giving at least three months' notice; the object of the bidding being the capital to be paid to the concessioner, and if he should renounce it the object of the bidding shall be the lands to be granted to him, and if he should also renounce these lands the object of the bidding shall be the time of the duration of the concession and the usufruct of the road by the concessioner. The sale shall be awarded by the Government to the highest bidder, who shall be obliged to pay the cost of the approved plans to those who may have prepared them, the price of which shall be determined before the sale. ART. 9. In order to take part in the public sale it is necessary to prove that there has been deposited at the place mentioned in the notice of sale, as a guaranty of the proposals which may be presented, 2 per cent in coin of the total value of the railway, according to the approved estimate. ART. 10. The concessions which it is proper for the Government to grant shall be granted by a royal order or by a royal decree, according to their importance.- No concession shall be granted 27 until it is first proven that there has been deposited in the place designated 5 per cent in coin of the estimated value of the works, or its equivalent at the quoted rate in bonds of- the State debt, if the work should be subsidized, and only 2 per cent should it not be. Should the concessioner allow four months to elapse without making this deposit, the granting of the concession shall be declared null with the loss of' the bond given, and a new sale shall take place if, the lines were of those granted at a public auction. ART. 11. The deposit referred to in the foregoing article may be withdrawn by the concessioners as they prove by the certificates of the inspecting engineer' that they have performed sufficient work, estimated according to the prices of the approved estimate, in order to pay their cost, the works of the railway remaining specially mortgaged in place of that part of the guaranty that may have been returned. ART. 12. Upon the expiration of the term of the concession the State shall take possession of the line, with all its rolling stock and all its dependencies, entering into full ownership and the complete enjoyment of the right of its operation. CHAPTER III. FORMALITIES TO BE OBSERVED IN REQUESTING AUTHORIZATION OR CONCESSION. ART. 13. When it is considered proper to build a railway line with public funds, the Government shall order a study thereof made, and the governor general shall forward the complete plan of the same, prepared in accordance with the forms in force in the Peninsula, with a report in which shall be heard the council of the administration, the Economic Society of Friends of the Country, the authorities, and the boards of agriculture, industry, 'and commerce of the Provinces that the line crosses, the general inspection and the consulting board of public' works, the officers of the treasuries with whose funds the works must be paid, and the'other corporations, official bodies, and individuals which in the judgment of the governor general can advise the Government with reference to the utility of the project and the direction of its line. This investigation shall not be necessary with regard to the lines which are declared to be of general service in the plan mentioned in Articles 2 and 40, but shall be made for all of them at one time after said plan has been formed. ART. 14. Individuals or companies who desire the concession of a line shall address their petitions to the governor general, accompanied with a preliminary plan thereof, prepared according to approved forms'; but the investigation mentioned in the foregoing 28 article must be made by said authority should they request that the line be classified as of general service or desire a subsidy or exemption of duties or privilege of any kind whatsoever, or the declaration of public utility, and when the construction should in any way affect the public domain. The public sale of subsidized lines shall be made with the purpose of constructing the works according to the final or preliminary plans approved by the Government. ART. 15. The definite plans of the lines whose concession appertains to the Government shall be presented by the concessioners to the governor general (which may be done in sections), who shall forward it for superior approval, with the reports of the general inspection and the consulting board of public works before proceeding with their construction; but the governor general may authorize the beginning of said sections if from said reports it appears that neither the line nor the technical conditions of the preliminary plan and of the works have not been materially departed from, subject always to the definite approval of the Government. CHAPTER IV. PRIVILEGES AND GENERAL EXEMPTIONS GRANTED TO CONCESSIONERS. ART. 16. Foreign capital employed in the construction of railways and loans for this purpose remain under the safeguard of the State and are exempt from reprisals and confiscations or embargoes by reason of war. ART. 17. The following shall be granted to the concessioners of lines of general service: 1. The public lands which the line and its dependencies may have to occupy. 2. The rights which the inhabitants of the districts through which the line passes have to cut timber, to pasturage, and other rights, shall be enjoyed by the employees and laborers of the companies, and shall be used for the care of the draft animals employed on the works. 3. The right to open quarries, gather loose stone, construct lime, chalk, and brick kilns, to deposit material and establish workshops on lands adjoining the lines. If these be public lands the right shall be enjoyed, after giving due notice to the local authority; but if they should be private property it can not be used without first having advised the owner or his representative through said authority, and having formally bound themselves to indemnify the losses and damages that may be caused. 29 4. The exclusive right to receive, during the term of the concession and according to the schedule of rates approved, the passage and transportation charges, without prejudice to those which may belong to other companies. 5. The remission, during construction and for ten years afterwatds, of the duties fixed in the customs tariff, the lighthouse dues, bar duties, bridge tolls and ferriage, which prime material, manufactured effects, instruments, utensils, machinery, cars, timber, coke, and everything which constitutes the stationary and rolling stock which may be imported, and which is applied exclusively to the construction and operation of the railway for which concession has been granted. The Government shall determine, in a special provision, the manner in which the concessioners shall enjoy these franchises during the construction, and the manner of utilizing them during the first ten years, taking into account that this right may have begun at different times for each section of the line belonging to the same concessioner or company. 6. The exemption from the mortgage charges due on account of the transfers of property made by virtue of the law of eminent domain. 7. The power of utilizing for the construction of railways the labor of the "polistas" when they are not needed for communal and provincial works, paying into the local funds the price of their labors at the current prices in each jurisdiction. 8. The advantages granted to the agricultural industry by royal order of February 16, 1851, relating to the introduction of Chinese colonists, and the analogous privilege granted to the mining industry by the royal decree of May 14, 1867, which concession can be utilized both for the construction and operation of railway lines of which they are the concessioners, as also for the cultivation and colonization of the lands which form part of the subsidy of said lines. The Government may grant all or part of these privileges and exemptions to the lines of private interest which in view of their importance deserve the same. CHAPTER V. FORFEITURE OF CONCESSIONS. ART. 18. Railway concessions shall be forfeited if the works are not commenced, or if the road or sections into which it is divided are not finished within the period prescribed in the concessions, except in cases of force majeure. When such case should occur, and it is duly proven, the terms fixed mnay be extended for the time absolutely necessary by the authority which may have granted the 30 concession; but when this time has elapsed, the concession shall be forfeited if the work stipulated has not been performed. ART. 19. The concession shall also be forfeited if the public service be wholly or partially interrupted through any fault of the concessioner in the case prescribed in article 36. ART. 20. From the decisions declaring the forfeiture of railway concessions the concessioners may appeal by administrative litigation within the periods prescribed in the law, counted from the day on which they are notified. If they should not appeal within these periods, it shall be taken for granted that they consent to the forfeiture and they shall have no further remedy. ART. 21. When the decisions declaring the forfeiture of concessions become final, the amount of the guaranty, which has been demanded of the concessioner, shall revert to the State, if the road should not be concluded and in operation; and if it should be concluded, this guaranty shall not become forfeited. ART. 22. In the case mentioned in the foregoing article, the annulled concession shall be offered at public auction on the same conditions under which it was originally granted. ART. 23. The basis for this auction shall be its value, according to the appraisement made by the agents of the Government, with the intervention of the former concessioner, the plans made, the lands acquired, the works performed, the construction and operating material acquired, and the tools, utensils, and apparatus for the existing work, with a deduction of that which was paid to said concessioners on account of the aid or subsidy in coin, bonds, works, lands, and other things. ART. 24. If, on holding the sale, no bidder should present himself within the period fixed, new sales shall be held on successive bases of two-thirds, the half and the third part of the basis mentioned in the foregoing article. ART. 25. If neither in this last sale bidders should appear, the Government can finish and operate the line of the forfeited concession or grant it to a new concessioner under the conditions deemed proper. ART. 26. If the new award of a line has taken place in any of the sales mentioned in articles 23 and 24, the amount of the guaranty or the part thereof which the concessioner may have withdrawn, according to article 11, if proper, according to article 21, as well as the expenses of the appraisement and sale, shall be deducted from the proceeds of the latter, delivering the balance to the bankrupt concessioner or to his legal representatives or heirs. The guaranty which the new concessioner must present shall be only 5 per cent of the value of that which is lacking for the complete conclusion of the road, according to the plan approved. 31 CHAPTER VI. TECHNICAL CONDITIONS TO BE OBSERVED IN THE PLANS AND CONSTRUCTION OF THE LINES. ART. 27. The railways of general service in the Philippines shall be constructed subject to the following conditions: 1. The gauge of the line, or the distance between the inside borders of the rails, shall be the same for all railways, and the Government shall fix said gauge on approving the first railway project, or before; in view of proceedings which the governor general of said islands shall be instructed to prepare immediately, taking into consideration the probable traffic and other requirements of the country, as well as the necessary economy with which the works should be constructed. 2. In the same document the distance between parallel tracks shall be determined, the minimum radius of the curves, the maximum gradients, the width of the roadbed, in cuts and fills for one and two tracks, and of the structural works both above and below the line or lines. 3. The railways may be constructed with one or with two tracks, or with a combination of both systems, without taking into account the greater number -demanded by the service in the stations. In the railways of private interest the technical conditions may be different and shall be fixed in each case as may be proper. CHAPTER VII. THE OPERATION OF RAILWAYS. ART. 28. All railways shall have two distinct sources of revenue, that of passage and that of freight. The first shall consist of the payment to be made for the use of the railway, and the second of the charges to be paid for carrying persons, animals, and goods on the line. ART. 29. The rates of both shall conform to those of the maximum tariffs which may be approved for each line on or before granting its concession. ART. 30. In the regulations and instructions which may be drafted for the execution of this decree, and in the sheet of general conditions or the particular conditions of each concession, shall be expressed the gratuitous services or the reduced prices which the lines must offer, and the special rates for public service, considering among the first the transportation of the ordinary mails at the times fixed by the governor general of the islands, and among the second military and similar transportation. 32 ART. 31. No one can be forbidden to establish transportation companies over the lines of a concessioner if the latter is paid the schedule rates, and observing the police regulations for this kind of lines. ART. 32. After the first five years of the operation of a railway have elapsed, and every five years thereafter, the Government may revise the maximum or legal schedules. If the Government believes that said rates may be reduced without prejudice to the interests of the concessioner, and the latter should not agree to the reduction, it may nevertheless reduce the same 10 per cent, after hearing the council of state, and guaranteeing to said concessioner the gross proceeds of the last year and the increase which had been obtained on an average during the past five years. ART. 33. The concessioners may at any time reduce the rates of the legal schedules as they may consider proper, advising the governor general of the islands thereof. They may also, within the rates which result from the application of the basis of the legal rates in force, fix the schedules to be applied, and establish the combined, reduced, special, and differential rates that they desire, forwarding the same for the examination of the governor general, with the anticipation mentioned in the regulations. In every case the schedules shall be announced to the public in due time, and the changes which may be made in the same shall be posted in all the stations in full view, and shall be applied without any privilege or favor. ART. 34. In all railways there shall be established a telegraph line for the exclusive service of the same. Upon the poles of this telegraph line the concessioners shall place the number of wires fixed in each concession for the telegraph service of the State, their construction and preservation being at the expense of the concessioners, and the service of the official and private correspondence at the expense of the State. Nevertheless, the Government and the concessioners may arrange that the officials of the State take charge of the telegraph service of the railway lines, or vice versa. The concessioners shall provide the Government with the places necessary for its telegraph stations, in the railway stations, wherever it may consider it convenient to have them, the establishment of said stations, as well as their maintenance, being for the account of the State. The Government may also make use of the apparatus of the railways in cases of recognized urgency or for the public interest. ART. 35. Every concessioner is obliged to maintain the operation of his lines, or secure it by private contracts, and to combine its operations with those lines with which they join or with their own extensions. 33 ART. 36. When by fault of the concessioner the public service of the railway is wholly or partially interrupted, the governor general shall immediately take the necessary steps in order to temporarily provide for said service at the expense of the concessioner, making a report to the Government. Within a period of six months the concessioner must prove that he has sufficient means to continue its operation, having the right to grant the latter to another person or company after special authorization of the Government. If even by this means the service is not continued, the concession shall be forfeited, the provisions of article 19 and following of Chapter V of this decree being consequently observed. ART. 37. The operation of the railways of the State shall be performed by the same, or by companies which contract for this service at public auction, as may be considered most convenient for the public interests. ART. 38. In the general regulations issued or in each concession shall be determined the manner in which the Government shall exercise the intervention necessary in order to maintain the service of the railways in proper condition and that which corresponds to the commercial part of the company. ART. 39. The regulations issued for the police of railways shall determine all that is necessary with regard to the preservation and security of said roads, of their works, material, and accessories, meanwhile observing the similar provisions in force in the Peninsula in so far as applicable to the Philippines. CHAPTER VIII. THE STUDY OF RAILWAY LINES. ART. 40. The governor general of the Philippines shall order that the general inspection of public works form at once a general plan of the railway lines of general service of the Island of Luzon, including only such lines, the construction of which is considered most urgent, and taking into consideration that of the cart roads that is being prepared. Said plan, reported upon according to the provisions of article 13 of this decree, shall be forwarded for royal approval, and it shall be enlarged as may be convenient. Similar plans shall be prepared successively for the Island of Mindanao and other islands of the archipelago in proportion as the necessities of the case indicate the advisability of constructing therein this kind of lines. The Government, in view of said plan, shall order that a commission of engineers study the preliminary and definite plans of the lines of greater interest, following the order of their importance, 4590-3 34 so that according to the plans and estimates which may be approved, their construction may be commenced. ART. 41. Provision shall be made in subsequent general estimates for the expenses -occasioned by these labors. ART. 42. The Government and the governor general of the Philippines may authorize individuals or companies who request it, that they make studies of railways, as mentioned in article 14, without this permission bestowing any right, nor limiting in any manner the power which the Government possesses to grant similar authority to all who request it, reserving alone the right to be repaid the cost of the study, if they are approved when the line is granted in accordance with article 8. CHAPTER IX. COMPANIES FOR THE CONSTRUCTION AND OPERATION OF RAILWAYS. ART. 43. The formation of associations, corporations, or companies with the object of building or operating railways shall be subject to the provisions of the Code of Commerce and other commercial laws of the Philippines for the different kinds of commercial associations which said code permits. In stock companies the capital may consist in mortgage obligations in the proportion which said law may prescribe, or which may be fixed by special provision. All associations or companies can also contract loans for the fulfillment of their corporate obligations, subject to the provisions of the aforementioned legislation or to that which may be enacted in the future. Both the obligations as well as the loans may be guaranteed with the proceeds of the operation of the line during the period of the concession, and must be redeemed within said period, unless the line has been granted in perpetuity, in which case it can also be mortgaged and the time for the repayment of the same may be indefinite. ART. 44. The definite organization of the associations or companies can not take place until the concession of the line or lines which they propose to build and operate has been granted. The domicile of the companies must be at Madrid or Manila; but in the latter case they shall have a representative in Madrid near the Government. ART. 45. The companies or associations constituted for the purpose of building or operating one or more lines can increase their sphere of action and extend it to other lines by competent authority, either by petitioning for their concession or acquiring them by 35 purchase, fusion, or in any manner permitted by law, from those to whom they have already been granted. ART. 46. They are also authorized to work directly or by contract with a third party the lands which they may have received as part of the subsidy which they enjoy. ADDITIONAL ARTICLES. 1. Until the regulations and instructions are issued for the execution of this decree, and for the operation and police of the Philippine railway lines, there shall be observed the similar provisions in force in the Peninsula in so far as compatible and which are not opposed to the special legislation for those Islands. 2. The general provisions issued with reference to the Philippine railways are binding on all concessioners. Given at the palace on August 6, 1875. ALFONSO. ADELARDO LOPEZ DE AYALA, Colonial Secretary. Boletin del Ministerio. ROYAL ORDER OF AUGUST 9, 1876. HONORABLE SIR: In view of the letter of Your Excellency, No. 446, of March 15, last, with which you forwarded a copy of the report on the technical conditions of the railways of the Island of Luzon, His Majesty the King (whom God preserve) in accordance with the full and unanimous resolution of 'the consulting board of roads, canals, and ports, has deemed proper to approve the following technical conditions for the railways that may be constructed in said Islands: 1. The road gauge shall be the same for all railways, and shall measure 1 meter 7 centimeters (31- English feet) between the inside edges of the rails. 2. The width of the space between the lines shall, as a general rule, be 1 meter 70 centimeters between the inside borders of the central rails, and 2 meters 30 centimeters at least, in the stations. 3. The minimum radius of the curves shall be 200 meters, which can not be reduced except in exceptional cases, presenting comparative studies, and demonstrating the necessity of adopting a smaller radius for the curves. 4. The maximum gradient shall be 20 "mildsimas," which can not be increased except in exceptional cases presenting comparative studies and demonstrating the necessity of adopting greater gradients. 5. The width of the grade for a road, without counting the side ditches, shall be as follows: In cuts, 3 meters 67 centimeters; on fills, 4 meters; in cuts and fills, 3 meters 835 millimeters. In the structural works the width shall be 4 meters and 20 centimeters between the side railings. In overhead ways the width shall also be 4 meters 20 centimeters, with a free height over the surface of the rails of 4 meters 50 centimeters, when the structure is straight, and of 5 meters 20 centimeters from the center of each way when it is arched. In the viaducts over cart roads the width between the side walls shall correspond to the road itself, with a free height of 4 meters 30 centimeters over the road if the bridge is of straight timbers, and of 5 meters in the center if it is arched. In the bridges over roads the width between the abutments shall be 3 meters, with a free height of 3 meters more if constructed of straight timbers, and with a height of 3 meters 50 centimeters in the center if it is arched. In the tunnels the width shall be 4 meters 40 centimeters, and the free height in the center of each way over the surface of the rails of 5 meters 50 centimeters. (37) ROYAL DECREE OF MAY 11, 1888. ARTICLE 1. The railway lines of general service of the Island of Luzon, which constitute the plan of the Government, for the purposes mentioned in the royal decree of August 6, 1875, are the following: Lines of the northFrom Manila to Dagupan by way of Tarlac. From Dagupan to Laoag by way of the coast. From San Fernando to Iba by way of Subic. From Biga to Tuguegarao by way of Balinang and Cabanatuan. Lines of the southFrom Manila to Taal by way of Calamba, to Albay by way of Santa Cruz and Nueva C4ceres. ART. 2. The definite studies of these lines shall fix the intermediate points of their course, which shall be adjusted with the object of harmonizing the conditions which the direction of a line of general interest demands with the object of serving the greatest possible number of towns. ART. 3. A study shall be made of the line from Manila to Taal through the valley of the River Pasig, without prejudice to making an investigation also of the branch to Cavite as soon as its necessity and advisability for the interests of the State is proven. ART. 4. For the purpose of the cited royal decree, the lines from Manila to Dagupan, Bigi to Cabanatuan and Batangas, and from Calamba to Santa Cruz shall be considered preferred lines. ART. 5. New lines shall not be considered in this plan unless their general direction and conditions are first made the subject of the investigation prescribed in article 13 of the royal decree of August 6, 1875. ART. 6. The study, construction, and operation of these lines shall be subject to the prescriptions of the royal decree of August 6, 1875, and to those of the royal orders of June 7 and August 9, 1876. Gaceta de Manila, August 19. (39) 0. v I1, POLICE LAW OF RAILROADS IN FORCE. IN SPAIN. TITLE I. REGULATIONS APPLICABLE TO SPAIN FOR THE PRESERVATION OF PUBLIC ROADS, APPLICABLE TO RAILROADS. ARTICLE 1. The laws and regulations of the administration as to highways are applicable to railroads: 1. The preservation of trenches, drains, walls, buildings, and other kinds of works. 2. The easements for the preservation of the roads imposed on the adjoining cultivated lands. 3. The easements of these same lands as to laying out lines, constructions of all kinds, opening of ditches, free course of water, planting, pruning of trees, working of mines, lands, places for dumping refuse ore, quarries, and any other whatsoever. The zone to which these rights extend is 20 meters on each side of the railroad. 4. The prohibitions the object of which is to prevent all kinds of damage to the road. 5. Prohibiting the placing of hanging or projecting objects which may inconvenience or endanger persons or the road. 6. Prohibiting the establishment of deposits of materials, stones, earth, manure, products, or any other thing which may impede free transit. TITLE II. REGULATIONS FOR THE PRESERVATION OF ROADS WHICH REFER ESPECIALLY TO RAILROADS. ART. 2. Along the whole distance of the railroad neither the entry nor the grazing of cattle shall be allowed. If the railroad has to cross a highway where cattle pass, the trains shall always cross without changing or stopping their progress, and in the manner prescribed as a general rule for that crossing. ART. 3. In the future, in a zone of 3 meters on each side of the railroad, only fencing walls shall be constructed, but no facades having openings or projections. This regulation does not refer to buildings constructed before the promulgation of this law, or the This law is published in connection with the Law of Railroads for the Philippines because frequently referred to in royal decrees and railway concessions relating to the Philippines. (41) 42 construction of a railroad which may be repaired and maintained in the condition in which they are, but can not be rebuilt. If it be necessary to demolish or change a building for the benefit of a railroad, it shall be done according to the provisions of article 11 of this law. ART. 4. Within the zone indicated in paragraph 3 of article 1 no buildings may be constructed, covered with thatch or other combustible materials, when the railroad is operated by means of locomotives. ART. 5. The prohibition to establish deposits of materials, earth, stones, or anything mentioned in the sixth paragraph of article 1, in the case of railroads, includes 5 meters on each side of the road with respect to objects not inflammable and 20 meters as to inflammable objects. ART. 6. The prohibition of the preceding article shall not be operative when1. The deposits of noncombustible material shall not be higher than the road when the latter is on an embankment. 2. The temporary deposit of materials to be employed for fertilizing and cultivating lands, and harvests during their gathering; but in case of fire, due to the passing of locomotives, the owners shall have no right to an indemnity. ART. 7. The governor of the province may authorize, after hearing the engineers of the Government and of the companies, the deposit of uninflammable materials; but the authorization shall be revokable at his will. The governor can not authorize deposits of inflammable materials. ART. 8. The railroads throughout their length shall be fenced on both sides. The Secretary of the Interior, after hearing the company, in case there be one, shall determine for each line the manner in which and time when the fencing is to be made. When railroads cross other roads on the same grade, gates shall be constructed which shall be closed and only opened when vehicles aad cattle cross as provided for in the regulations. - TITLE III. REGULATIONS COMMON TO THE PRECEDING TITLES. ART. 9. The distances fixed in paragraph 3 of article 1, and in articles 3 and 5 of this law, shall be measured from the lower line of the walls of the embankment of the railroads, from the upper line of the cuts, and from the outer border of the trenches; if there be no such lines the measures shall be from a line drawn a meter and a half from the outside rail of the railroad. The regulations 43 shall fix the minimum distance from the stations at which buildings may be constructed or deposits established. ART. 10. The Secretary of the Interior, in special cases, may reduce the distance to which the preceding article refers, after the proper steps are taken showing the necessity or convenience of the reduction, and if no harm is done to the preservation, maintenance, and free transit of the road. ART. 11. Whenever there exists individual rights previous to the construction of a railroad, or the publication of this law, which rights can not be enforced, or if it be necessary to abolish these rights on account of the necessity or utility of the railroads, the rules established in the law of June 13, 1884, shall be observed as to forcible condemnation by reason of public utility, and also the provisions of the laws of public works and the regulations issued for their execution by the administration. TITLE IV. OFFENSES OF CONCESSIONERS AND LESSEES OF RAILROADS. ART. 12. The concessioner or the lessee for the operation of a railroad who shall not comply with the general document of conditions, or the special ones of his concession, or the resolutions for the execution of these clauses in everything referring to the operation of the line, or of the telegraph, or to navigation or use of all roads or free course of waters, shall incur a fine of 100 to 1,000 pesos. 13. The concessioner or the lessee shall also be obliged to repair the errors and damages caused within the time fixed; if he does not do so the administration shall do it, demanding from him the amount of the expenses and attaching the earnings of the stations. ART. 14. The concessioners or lessees of the railroads shall be responsible to the State and to individuals for damages caused by the managers, directors, and other employees in the service and operation of the railroad and telegraph. If the railroad is operated by the State, the State shall be subject to the same responsibility in regard to individuals. The provisions of this article are to be understood without prejudice to the personal responsibility which managers, administrators, engineers, and all classes of employees may incur, and the discretionary authority which in cases of strikes, disturbances of public order, and conspiracies, appertains to the Government. ART. 15. The Secretary of the Interior, without intervening in the appointment of the employees of the companies for the service of operating the railroad, may require the company to dismiss the employees whom it may consider dangerous to the safety of passengers and the maintenance of public order. 44 T 'TITLE V. CRIMES AND MISDEMEANORS AGAINST THE SAFETY AND PRESERVATION OF RAILROADS. ART. 16. He who shall willfully destroy or damage a railroad, or place obstacles on it which shall obstruct the free transit or cause the derailing of a train, shall be punished with prision correccional (imprisonment). In case the train has been derailed, the penalty shall be presidio. ART. 17. In case the destruction or damage is caused in time of rebellion or sedition, and the authors of the crime do not appear, the principal authors or leaders of the sedition or rebellion shall incur the penalty imposed in the previous article. ART. 18. The provisions of the preceding articles shall be understood to be without prejudice to the civil and criminal liability which the guilty parties may incur, for crimes of homicide, wounds, and injuries of all kinds which may occur, and for those of rebellion and sedition. ART. 19. When there is liability for two or more penalties, the judges and courts shall impose the greater in its maximum degree. ART. 20. Those who threaten the commission of a crime included in articles 16 and 17 shall be punished with the penalties provided for in article 507 of the Penal Code. The scale therein established shall be observed, but always imposing the maximum degree, and when that degree shall be fixed, the next highest one in its minimum degree. ART. 21. Whosoever through ignorance, imprudence, or by reason of negligence or failure to comply with the laws and regulations causes in the railroad or its dependencies some damage which may injure persons or property, shall be punished, according to article 581 of the Penal Code as culpable of gross negligence. ART. 22. The engineers, conductors, brakemen, station masters, telegraph operators, and other employees charged with the service and care of the line, who abandon their respective posts while on duty, shall be punished with the same penalties. But if some injury is occasioned to persons or things they shall be punished with the penalty of correctional imprisonment or minor imprisonment (prision menor). ART. 23. Those who interfere with the railroad employees while these are doing their duty, shall be punished with the penalties which the Penal Code imposes on those who resist the agents of the Government. ART. 24. Those who violate the regulations included in Titles 1 and 2 of this law, the regulations of the administration, and the 45 orders of the governors as to police, safety, and operation of railroads, shall be punished with a fine of 15 to 150 pesetas, according to the gravity and circumstances of the case and its perpetrator. If, according to-the Penal Code, they have incurred a graver penalty, only the latter shall be imposed. In case of recurrence of the crime, the fine shall be from 30 to 300 pesetas. ART. 25. Those not paying the fine imposed upon them shall be liable to execution against the person, according to the provisions of article 50 of the Penal Code. ART. 26. Without prejudice to the penalties stated in the preceding articles, those who shall have infringed the regulations of this law, shall destroy the excavations, constructions, and covers, take away the deposits of inflammable material, or of any other kind which may have been made, must repair the damages occasioned in the railroads. The mayors shall fix a time for the performance, after hearing the representative of the administration of the railroad, or the company itself in a proper case. If within the time fixed this shall not be done, the Government shall do it at the expense of the party who shall have disobeyed. In this case the collection of the expenses shall be made in the same manner as that of the taxes. TITLE VI. PROCEDURE. ART. 27. Those who shall commit crimes punishable under this law shall be tried in the ordinary way, whatever be their right to other trial. ART. 28. Those who shall have only incurred a fine, shall be excepted from the provisions of the preceding article. For the imposition of the fines the following rules shall be observed: 1. The right to inform belongs to the people. 2. The denunciations shall he made to the municipal judges in whose districts the transgression was committed. 3. The proceedings and steps in these actions shall be the ones provided for in cases of common misdemeanors. 4. The testimony of those in charge of the management of the road and the sworn guards shall be sufficient, except when there is evidence to the contrary. 5. Municipal judges shall enforce the fulfillment of the penalties imposed in these cases. ART. 29. The penalties imposed on the concessioners or lessees of the railroad in the cases mentioned in article 12 may only be imposed by the governors after hearing the interested parties, the chief engineer of the division, and the council of administration 46 which hears disputes. The fines imposed by the governors on the concessioners or lessees of railroads shall not be remitted but by the Secretary of the Interior, after hearing the council of state. Approved by the royal decree of this date. MADRID, November 23, 1877. C. FRANCISCO QUEIPO DE LLANO, Secretary of the Interior. Gaceta, November 24. REGULATIONS FOR THE EXECUTION OF THE POLICE LAW OF RAILROADS OF SPAIN. CHAPTER 1. GENERAL PROVISIONS. ARTICLE 1. The inspection and supervision of railroads, not only in their technical part but also in their business part, the direct intervention in the different branches of their operation, their police, and good administration, and everything that relates to the safety of persons and -the development of material interests, appertains to the Department of the Interior. ART. 2. The purely technical or professional part shall be intrusted in each line to one or more engineers of the corps of roads, canals, and ports; the administrative and business part to the officers designated by the colonial department. Two inspections shall be created of both branches, which shall be independent of each other and both devoted to the best public service, with different obligations and duties. They may also be consolidated. ART. 3. The organization, powers, and duties of the technical and administrative inspections shall conform to the provisions of the special regulations which may have been issued for the service of the same, or which may in the future be issued by the colonial department. CHAPTER II. THE ROAD AND ITS PRESERVATION. ART. 4. The erection of dams, wells, and troughs at a distance of less than 20 meters on each side of therailroad is prohibited. This distance of 20 meters shall be measured from the lower lines of the walls of the embankments, from the upper line of the cut, and from the outer edge of the trenches when the railroad is on a level. In the absence of these lines the distance of 20 meters shall be counted from a line parallel to the outer rail at a meter and a half from the same. ART. 5. The farmers of the land adjoining the road shall incur the penalty provided for in article 24 of the law whenever, by reason of their plantings, works of cultivation, or in any other manner whatsoever they injure the inclosures or the supporting walls, the braces of the culverts, the abutments of the bridges, and other works of railroads. (47) 48 ART. 6. Article 24 of the law shall be applied not only to the farmers who, in the work of cultivation and improvement of the fields adjoining the railroad,. should throw in the trenches earth, manure, leaves, or any other material which might prevent the free course~ of water, but also to shepherds and ranchmen who, in the care, grazing, or (Iriving of their cattle, cause the same damage. ART. 7. The -owners or lessors of lands adjoining railroads shall not1. Obstruct the free course of water proceeding from the railroad, by constructing ditches, roads, or bypaths, or by raising their embankments. 2. Cut trees within a zone of 20 meters on either side of the railroad without previous permission from the local authority and examination by the technical inspection. 3. Pull out roots or remove earth from the slopes or lands adjoining the roads, which may cause a caving in of the land, and directly or indirectly obstruct or embarrass traffic. The works necessary for the repair, of this damage shall be constructed at the expense of the offender without prejudice to the penalties which he may have incurred according to the foregoing articles. AIT. 8. The owners or drivers of vehicles, horses, or cattle, may not, even for the purpose of entering adjoining lands, or to leave them, cross railroads, except at the points fixed for that purpose. This prohibition also includes owners or drivers of carriages and -shepherds or cattlemen who leave their horses or cattle free and graze them on the lands adjoining the railroads. ART. 9. No sheds, covers, or movable'stands shall be allowed in the zone of th e railroads, even for the sale of food, if their owners have not previously obtained the proper permission from the competent authority. ART. 10. Whosoever willfully or by omission or negligence shall damage or destroy, with his cattle or vehicles, the works or dependencies of railroads, such as parapets, copings or walls, kilometric 'posts, telegraph posts, wires and insulators, signal posts, signs, 'time-tables for the public, and the pipes and water deposit, shall incur the penalty mentioned in article 21 of the law. Said article is also applicable to those who without proper authority shall cut or destroy trees planted in the zone fixed in article 4 on either side of the railroad. ART. 11. Nobody shall construct darns or works, open canals for taking or leading waters, erect buildings, walls, -culverts, or other works within the zone of 20 meters, measured in the manner stated in article 4, without previous authorization. This zone of 20 meters shall be measured at stations from the inclosure or boundary which limits the land belonging to the-station. ART. 12. Petitions to construct or rebuild in railroad zones shall be 49 addressed to the mayors of the respective towns, stating therein the site, purpose, and details of the proposed work. The mayor shall forward them immediately, with his report and the remarks he may consider proper, to the technical inspection, which, after an examination and hearing of the company, shall determine the distance between the road and the work, fixing the alignment and the precautions and technical conditions to be observed, which must be complied with in the construction. It is obligatory for the persons interested to submit the plans of the work to the technical inspection, whenever it shall deem it convenient to examine the same. ART. 13. If the technical inspection and the mayor agree as to the proposed constructions in the zones of the road, the latter shall immediately grant the permission requested. Should they disagree, and the interested party object to the conditions proposed by the inspection, the proceedings shall be submitted to the governor of the province, who, after hearing the permanent committee of the provincial deputation, shall decide what he may consider proper. In case any of the parties should be dissatisfied with his decision the Interior Department shall decide finally, through the administrative channel, without further remedy. ART. 14. After a report or communication from the technical inspection the mayor shall order the works which may have been constructed in the zone of the railroad without proper permission to be demolished as well as those constructed after the granting of the latter which do not fulfill the required conditions. ART. 15. If the houses or other buildings erected in any part within the zone of easement of the railroad, measured in the manner prescribed by articles 4 to 11, and especially if the walls at the sides of the roads threaten to fall, the company shall at once inform the technical inspection, so that it may immediately proceed to the examination. If the latter should show their bad condition or insecurity, the technical inspection shall inform the mayor, stating whether the ruin is or is not imminent, and whether the building is among those the wall of which must be moved back. ART. 16. The prohibition imposed by article 3 of the law to erect within 3 meters distance from the railroad any other construction but a wall or fence includes a prohibition to open in the same doors, windows, or any other openings which may face the road. ART. 17. The plans of works which cross the roads or impose an easement thereon, more or less directly, shall be submitted to the approval of the Secretary of the Interior, who shall decide, after hearing the company, the engineer in chief of the technical inspection, and the governor of the province. 4590-4 50 ART; 18. By all possible means the company shall insure1. The maintenance in good condition of the railroad and of all its appurtenances. 2. The care and service of the gates at grade crossings. 3. The supervision and proper working of the switches in the changes and crossings of the road and in the signals adopted, in daytime as well as at night. 4. The lighting of the stations and grade crossings, which the secretary of public works shall fix, from sunset until the last train has passed. 5. The lighting of the tunnels, which shall also be fixed by the government, and which shall be constantly lighted while the road is in operation. ART. 19. For the more exact enforcement of the provisions of the foregoing article, there shall be at all the points considered necessary road keepers, switch tenders, and watchmen, day and night, in sufficient number to insure the safety of the trains and the success of the service. During the time these employees are on duty they shall never leave their posts without express authority thereto from the chief on whom they depend, and not without having been previously substituted. ART. 20. ~Vhien, in the opinion of the Department of the Interior, the means adopted by the company are insufficient to insure the safety of the service, it shall adopt, of its own accord, after hearing the company, the measures which in each case it may deem proper and which are required by the interests of the public. ART. 21. The technical inspection, in accordance with the company, shall organize the service and police of the gates in the most convenient maniier. ART. 22. Whenever it is necessary for the maintenance of the works or for the safety of persons or merchandise to open outer ditches, erect defenses and trenches, or to undertake other works of the same character, the company shall proceed immediately to their construction, at the points fixed by the Government. ART. 23. The chiefs of the divisions of railroads, when the concessionnaires or lessors within the period fixed do not repair the damages or do not have the works completed, shall, after an order from the general direction of public works, repair said damages or injuries or construct the work necessary under the administration system. The governor shall order the attachment of the funds of the neighboring stations to meet the payment of the said works or repairs. A receipt for the funds attached shall be issued to the station masters. These documents shall be afterwards exchanged for the verified accounts of expenses in the manner in which the works of the State are vouched for. If there be opposition to the seizure of the funds, aid shall be asked of the governor of the province, who shall furnish it, even if it be with the troops under his command. 51. ART. 24. The division of the line in kilometers, the grades, the radii and length of the curves, shall be fixed according to the provisions ordered by the Department of the Interior. They should be, whenever possible, on the right of the road, and starting from Madrid, as a central point, to the coasts and frontiers. CHAPTER III. STATIONS. ART. 25. Every station shall have on its principal facade an inscription stating its name, and a clock for the regulation of the service of the same and the movement of trains. All of the clocks of the line shall be regulated daily by the time of the meridian of Madrid whenever the line connects with that court without a break; and should there be one, they shall be regulated by that of the most important station. All the passages for pedestrians, vehicles, and horses shall also have signs, so that all the bureaus, offices, warehouses, workshops, and other dependencies of the company may be known. ART. 26. Any ticket with changes or erasures shall be refused as worthless. ART. 27. The railroad administration, to insure the safety of baggage, packages, and merchandise, shall issue to their owners, or to those in charge of the same who may represent the former, proper receipts, stating therein the number and kind of packages delivered, the transportation rate charged, and any other matters which may be considered necessary for the better carrying out of this service. In these receipts the time according to the regulations within which the baggage, packages, or merchandise are to reach their destination must be stated. ART. 28. In the most public places of each station the announcement of the office hours, the hours for the sale of tickets, as well as the time-tables and rates, shall be constantly on view. ART. 29. All the stations shall have a superior chief, to whom all the other employees of the same shall be subordinate. ART. 30. There shall be in the stations designated by the Department of the Interior1. Departments for the officers of inspection and telegraph. 2. A depository, in the manner determined by the company, where lost articles belonging to travelers shall be securely taken care of. 3. A inedicine chest, bandages, and other articles required in case of accidents. ART. 31. It is incumbent on the governors of provinces to adopt all the proper measures for the best order and police of stations, the entry, movement, and stoppage in the yards of public and private conveyances used to transport passengers and merchandise; but their deci 52 sions shall not be final until they have obtained the approval of the Department of the Interior. All privilege and favor of common carriers as to entry, movement, and stoppage in the neighborhood of the stations are prohibited. CHAPTER IV. MITERIAL EMPLOYED IN THE OPERATION. ART. 32. The number of locomotives, tenders, and other vehicles to be used in the service shall be determined in the articles of conditions of the concession. If for the best public service it should be necessary to increase this rolling stock, the department of public works, after hearing the company, shall take such action as may be proper to obtain the same. ART. 33. The locomotives shall always be provided with the necessary apparatus to prevent all danger from fire, and shall never be used until after examination by the technical inspection. When by reason of wear or any other cause a locomotive should have been withdrawn from use, it shall not again be employed, even after being repaired, without an examination by and express authority from the technical inspection. ART. 34. The axles of locomotives, tenders, cars, and other rolling stock of the company shall be forged, strong and compact, of smooth surface, without ridges or indentations, and perfectly adapted to the service to be rendered. ART. 35. Never under any pretext whatsoever shall cast-iron wheels be used, but cast-steel wheels may be used. In freight trains, as well as in trains which travel at a slow rate of speed, wheels with forged tires may be used after authority from the Government. ART. 36. All the companies shall enter in folioed registers the locomotives in use, stating the day they began service, the work done, the repairs or changes made, and the successive renewal of their different parts. In these entries there shall also be included the observations and remarks deemed necessary to form the statistics of the rolling stock in use by the railroad. ART. 37. In other special registers, different from those mentioned in the foregoing article, a full entry shall be made of the axles of the locomotives and tenders, entering at the margin the ordinal number of each one, the manufacturer thereof, the day they were first used, the tests to which they were submitted, their constant and periodic work, and the accidents and various repairs. For this purpose each axle shall have its number engraved thereon. These registers, always kept with the greatest possible exactness, shall be presented by the companies to the engineers in charge of the technical inspection whenever they may deem it proper to examine them. ART. 38. Only the persons employed for the purpose by the company shall fire locomotives. When ready for use, one engineer or fireman shall constantly remain on the platform of the locomotive wherever it may be, on the main line as well as on the branches. ART. 39. The tenders, besides the conditions of solidity and safety, shall have-the necessary capacity to contain larger quantities of water and fuel than those which the accompanying locomotives can consume during the run from one deposit to another. They shall also have the room necessary to carry a box of such tools and implements as may be determined upon. ART. 40. The cars to be used for the transportation of passengers shall not be used without the authorization of the technical inspection. This authorization shall be granted when it is acknowledged, in the manner determined by the government, that they have all the requisites for the safety and comfort of the passengers. ART. 41. The place assigned each passenger shall be at least 45 cen. timeters. wide, 65 centimeters long, and 1 meter 45 centimeters high, measured from the seat. In the interior of all passenger cars there shall be a sign, stating not only the number and letter of the car according to its class, but also the number of its seats, the divisions being clearly made, as well as a frame containing such part of these regulations as relates to passengers. ART. 42. All the locomotives, tenders, and cars of a train shall have1. The name or initials of the railroad to which they belong. 2. Their ordinal numbers. 3. If they be passenger cars, the class to which they belong. ART. 43. The company shall constantly keep in good condition the rolling stock, in proportion to the extent and special needs of the line. ART. 44. The administration shall have exclusive jurisdiction of all appeals which may be brought against the decisions of the technical inspection, the object of which should be to abandon that part of the stock which is useless, to order necessary repairs, and to adopt such measures as may be required for the good order and safety of the service. CHAPTER V. FORMATION OF TRAINS. ART. 45. The Department of the Interior, at the suggestion of the company, shall determine for the different points of the line, and as circumstances may require: I. The speed. 2. The maximum number of cars. 3. The maximum of weight to be carried in freight trains. 4. The number and weight of the cars with brakes, and the place they are to occupy in the train, the last car in a train being necessarily of this class. 54 ART. 46. Every engineer running an engine shall have the necessary means to make the signals prescribed by the regulations. ART. 47. The number of passenger coaches of each train shall be in accordance with the regulations governing the running of the same. Nevertheless, all necessary trains shall be run so as to enable all those who desire to travel to do so. If the company should be authorized to make use of two.tracks, the maximum number of coaches which each passenger train may have shall be 24. For this purpose there shall be established at different points of the line depots of cars, the trains being completed with these cars when the number of passengers and the best public service demand it. ART. 48. Locomotives shall always be at the heads of trains. Nevertheless, this order may be changed, if convenient, in order to facilitate and render safer the necessary movements in the vicinity of stations and in cases of aid, in which cases the speed shall not exceed 25 kilometers per hour. ART. 49. In placing the cars forming passenger and mixed trains there shall be observed the provisions which have been issued or which may hereafter be issued on the subject by the Department of the Interior, on the recommendation of the company. ART. 50. Only in accordance with the instructions issued by the department of public works, and under the conditions it may deem proper, may the cars of common carriers form part of trains. ART. 51. The carrying in passenger cars of all materials which may cause explosions or fires is prohibited. ART. 52. The coaches and cars which make up a train shall have the buffers at the same height, and the centers of these at equal distances, so that they may constantly be in contact without being forced. ART. 53. The coupling pins as well as the brakes shall always be kept perfectly clean and oiled. ART. 54. Every train shall be drawn by a single engine, except in cases of aid on account of damage or other serious reasons, when another engine may be employed, as well as in the cases where the company may have been previously authorized thereto by the Government. ART. 55. More than two fired locomotives shall never be placed in a passenger train, and as a general rule they both shall be placed at the head of the train, although in special cases, and always with the authorization of the Department of the Interior, a different disposition may be made. At the head and following the tenders there shall be one or two cars which do not carry passengers, according to whether one or two locomotives are attached. At the end of the train another car, without passengers, shall always be placed, unless the company is authorized by the Government to leave out the end car. In passenger trains there shall always be a car with a water-closet. 55 ART. 56. In a special register the causes which may have occasioned the employment of two engines in the same train shall be stated whenever the company is not authorized to do so, also stating the time thus employed and the reasons justifying it. Those charged with the surveillance of the service may examine these reasons and other memoranda referring to it whenever it is required by the best public service. ART. 57. In due time and after full inspection the engineer shall satisfy himself that the locomotive and tenders intrusted to him are in good serviceable condition and are provided with the necessary spare parts. ART. 58. The chiefs of trains, immediately on receiving them, shall examine them with the greatest care in order to assure themselves that they are ready for service. ART. 59. When there is insufficient freight in the car of the chief of the train it shall be filled with ballast up to the weight of 2,000 kilograms. ART. 60. The chief of the train, the brakemen, and the engineer shall be, as far as practicable, in communication during the run, so as to be able to give a signal of alarm in case of accident. ART. 61. Trains in motion shall carry the lights and signals mentione( in the regulations of August 8, 1872, or in the regulations which may in future be issued by the Department of the Interior, after hearing the companies. ART. 62. The passenger cars shall be lighted inside at night, and also during the day when going through the tunnels, determined by the Government, all preparation being made for that purpose in the nearest station, according to the run. ART. 63. Before a train starts, the employees who are to go with it shall punctually occupy their proper places, and in due time the station master shall give the signal which informs them to take their places, the engineer finally repeating it with a whistle. ART. 64. At such points of the line as the Department of the Interior may designate, after hearing the company, there shall be locomotives for aid or in reserve, always fired and ready for service, by day as well as by night. ART. 65. Special regulations drawn up by the Government, after hearing the companies, shall determine the service of the locomotives specially devoted to aid, without loss of time, for trains delayed, or in difficulties, or for any reason whatsoever. At the point in the station where the auxiliary locomotives are placed there shall always be a repair car with the tools and outfit, which, in the opinion of the Government, maybe considered necessary. The trains which may be used for the speedy aid of passengers and trains in cases of accidents shall also have a repair car. 56 CHAPTER VI. PROVISIONS RELATING TO RUNS AND STOPPAGES AT INTERMEDIATE STATIONS AND ARRIVALS OF TRAINS. ART. 66. At the request of the companies, the Department of the Interior shall determine the running of the trains and of singlepngines on double-track roads, as well as the turn-outs in single-track roads. ART. 67. No train shall start from the station before the hour designated in the time-table. ART. 68. The existing provisions, or those which may hereafter be issued by the Department of the Interior, shall be enforced as to the time which must elapse between the starting of a train to the next one which must follow according to schedule. In the time between two trains no other trains or single engines shall be allowed to leave, except in cases of aid and succor, or when the company is authorized thereto by the Government. ART. 69. In the vicinity of stations signals shall be placed which shall immediately inform the engineers whether or not they may bring their locomotives into the station. The engineer shall stop the train as soon as he observes the signal to do so. ART. 70. Only in cases of accident or force majeure, or repair of the line, shall trains stop on the main line. ART. 71. The existing provisions or those hereafter adopted by the Department of the Interior shall be enforced, after hearing the companies, in order to determine1. The special measures of precaution and safety which may be deemed necessary for the running of trains on up or down grades, tunnels, and curves. 2. The highest speed of passenger and freight trains on the different sections of the line. 3. The time to be employed in making runs. 4. The precautions which should be adopted for the dispatch and running of special trains. ART. 72. When a company decides to run a special train, it shall advise the inspections, stating the reason for the run and the hour of departure, the company being liable for any accident which may occur. The departure of these special trains shall always be announced by telegraph to all the stations. ART. 73. Whenever, for any reason whatsoever, trains or single engines stop on lines, signals indicating it shall be placed 800 meters on either side of this point. ART. 74. The signal system shall conform to the provisions of the regulations in force, or those which may hereafter be issued by the department of public works, after hearing the companies. 57 ART. 75. At a distance of 500 meters from a crossing with another railroad or tramway the engineer shall slow up, so that he may come to a full stop before reaching that point if the circumstances require it. ART. 76. The Department of the Interior, after hearing the company, shall designate the points whe re signals are to be placed, showing the direction in which switches are turned. ART. 77. When the trains approach stations where they must stop, the engineer shall moderate the speed at such a distance as he may deem necessary, so that it shall not pass the station platform where the passengers are to alight. He may also, according to circumstances, stop the locomotive before reaching said point, afterwards reaching it by running it again. ART. 78. The engineer shall slow up not only in large cuts where there are curves, but also at other points of the line which do not permit a large surface of the road to be seen. ART. 79. When, because of unavoidable accidents, the locomotive runs with the tenders ahead, whether alone or with the train, the engineer shall take the greatest precautions, the speed in such cases not exceeding 30 kilometers per hour. ART. 80. When the engineer approaches stations, grade crossings, curves, cuts, or tunnels, he shall sound the steam whistle to announce the approach of the train. The same signal shall always be repeated when there is doubt as to whether the line is completely clear. ART. 81. On the arrival of trains at stations their names and the time of the stop shall be repeatedly and loudly announced. ART. 82. While the trains remain in the stations they shall be in charge of the station master, who shall during that time be responsible for whatever happens in his station. ART. 83. The chief of the train in motion is the chief of all the employees thereon, including the engineer and fireman. ART. 84. When two locomotives draw the same train, the person who has charge of the first one shall regulate the speed. The second locomotive shall act only as au additional force, and as a mere auxiliary. ART. 85. The engineer who runs a locomotive without a train shall always do so on his own responsibility, and the fireman shall obey the signals ordered by the former in accordance with the regulations. ART. 86. The engnleer and fireman in charge of the service shall be the only persons on the locomotive. From this prohibition are excepted only the engineers in charge of the technical inspection, their assistants.who have an order or authorization of their chief, and the agents of the company duly authorized for the purpose. In every case special care shall be taken that the number of persons shall never be in the way of the handling and best service of the engine. 58 ART. 87. The Secretary of the Interior shall designate the stations in which records of the delays of trains shall be kept, as determined by each company. In these.records the nature and make-up of the trains shall be stated, the numbers of the locomotives drawing them, the hours of their departure and arrival, and the causes and duration of the delays. The agents in charge of the inspections may examine these records whenever they deem it advisable, for the better fulfillment of these duties. ART. 88. By the quickest and most expeditious means at their disposal the chiefs of trains in motion shall advise the master of the next station of any accident which may occur, who shall immediately communicate the same to the inspections in charge of the surveillance of the line, and, in a proper case, to the superior authority of the locality. ART. 89. The urgent measures adopted by the respective governors on the recommendation of the inspections, and referring to the safety of the trains, shall be obligatory for the companies when said measures shall have been communicated to their directors. ART. 90. Thirty days before the date on which it is to go into operation a sufficient number of copies of the schedule of all trains shall be sent to the chiefs of the technical and administrative inspections, who, with their report, shall forward them to the general direction of public works, commerce, and mines, within the next ten days, for its approval, or in order that it may make the changes it may deem proper. ART. 91. Before approving a new schedule of trains for a line the railroad companies which are affected thereby must agree, and the consent of the department of the interior must be previously obtained in all that refers to the service of the trains which are to carry public mails. ART. 92. If the Department of the Interior, after receiving the schedule of these trains, shall allow the thirty days designated in article 90 to elapse without giving any answer whatsoever to the companies, the latter shall put it in force, considering it approved. ART. 93. When a new system in the service of the railroad is adopted, or the one established is partly changed, the public shall be notified at least eight days in advance not only as to the hours of departure of the trains and of their arrival at the stations, but also of the points at which they are to stop. CHAPTER VII. PROVISIONS RELATING TO PASSENGERS AND TO PERSONS NOT IN THE RAILROAD SERVICE. ART. 94. Admittance into the inclosures of railroads is generally prohibited to all persons not employed in the service. From this provision are excepted1. The superior authorities of a province. ~ 59 2. The local authorities. 3. The engineer and other employees charged with the surveillance of the railroad. 4. Soldiers and customs officers and police agents, when they appear with the express permission of the competent authority, in order to perform some service. 5. Persons who obtain permission from the companies. ART. 95. The passenger who does not present the ticket entitling him to occupy a seat in trains, or, having one of a lower class occupies one of a higher class, shall in the first case pay double fare, according to the schedule of rates, and in the second case twice the difference between fares computed from the station at which he entered the train to his destination. If the passenger does not prove where he entered the train, the double fare shall be computed by the distance from the place where the last examination of tickets was made. ART. 96. In case a passenger goes beyond the place indicated in his ticket, he shall only pay the excess corresponding to the greater distance traveled, provided he informs the chief of the train, before starting from the station stated in his ticket. If this notice shall not have been previously given, he shall pay double the amount of the excess of the distance which he may have traveled without a ticket. ART. 97. The passenger, who on account of the lack of coaches, should be obliged to go into one of a higher class than the one to which he is entitled by his ticket, shall pay nothing to the company on account of the higher fare. If, on the contrary, he should be obliged to occupy a seat of a lower class, the company shall refund to him the amount of his ticket as soon as his trip ends. ART. 93. It is absolutely prohibited1. To enter or leave the cars by any other exit than that opening onto the platforms. 2. To pass from one car to another or to lean out of the car while it is in motion. 3. To enter or leave cars except at stations and when the train shall have come to a full stop. 4. To board cars while the train is in motion. 5. To admit into cars more passengers than can be furnished with seats. ART. 99. No intoxicated person shall be permitted to enter cars, nor any one carrying loaded firearms, or packages which, on account of their shape, size, or bad odor, may inconvenience the passengers. Nor shall any person with a firearm be allowed on the platform without first proving that it is not loaded. ART. 100. Passengers have a right to compel the ejection from the car, by the employees of the company or of the Government, of anyone 60 misbehaving, or who, by word or action, is offensive, or shall interfere with the order established, or cause disturbances or quarrels, as well as those who smoke in a car not reserved for smokers. ART. 101. The companies shall always reserve one or more first-class sections in passenger trains for ladies who,traveling alone, may request it, and another section in which smoking shall be allowed. These sections shall be designated by signs stating their purpose. ART. 102. Dogs are not allowed in passenger coaches; nevertheless, the company may admit, in special cars, persons who do not desire to part from their dogs, provided the latter are muzzled. ART. 103. If any passenger violates the provisions of these regulations the agent of the administrative inspection, or, in his absence, the station masters or train chiefs, shall warn him in due season, and, when the gravity of the case requires it, institute the proper investigation in order to establish the facts. ART. 104. In order that the passengers may make their claims, not only against the company, but also against its agents and employees, there shall be in each station a registry, which shall be inspected every month by those in charge of the administrative and business inspection. CHAPTER VIII. RECEIPT, TRANSPORTATION, AND DELIVERY OF BAGGAGE AND MERCHANDISE. ART. 105. The objects which are transported by railroads are classified, for the purposes of these regulations, as follows: 1. Baggage. 2. Parcels. 3. Merchandise. 4. Cattle of all kinds. ART. 106. By baggage is understood clothing or articles for immediate use destined to the shelter, ornament, or cleanliness of passengers, books or tools of trade or profession, contained in trunks, chests, valises, boxes, hatboxes, satchels, saddlebags, hand bags, pillows, or under any covering whatsoever, or unpacked. ART. 107. Baggage shall be transported in the same trains which carry its owners, and shall be delivered to them at the end of the trip. ART. 108. By parcels are understood all packages which, without being subject to a declaration of contents, require special care and are transported with the same speed as passengers. ART. 109. All articles which are not included in the classification of the foregoing articles are designated under the general name of merchandise. ART. 110. The fourth classification comprises cattle, hogs, sheep, and goats; draft, burden, and saddle animals; dogs and other domestic animals, and domestic and pet birds in cages or crates. 61 ART. 111. Whosoever sends merchandise to railroad stations shall make a previous declaration as to the number of packages, weight, class, and quality. Special precautionary measures shall be adopted for the transportation of such merchandise as may cause explosions or fires, or the deterioration or contact of which may damage other merchandise more or less. ART. 112. Every delivery made in the place designated for the proper employees of the company to receive articles to be transported shall be considered as a proper delivery and legally made. The subordinate employees exclusively engaged in manual labor and the mechanical laborers in the offices and stations shall not be considered such employees. ART. 113. The companies shall be obliged to invoice parcels brought to them. In order that this may always be properly done, the companies shall keep two numbered stub books; one in which the articles to be transported with the same speed as passengers shall be entered, and the other in which to make a record of the goods to be carried in freight trains. In both the weight and the rate of transportation of the articles shall be stated in the same order of dates as they are entered in the registry, unless the sender voluntarily consents to waive this privilege. At the time of delivery a receipt shall be given the sender or the person in charge of the article, in which the number, class, weight, rate of transportation, and time within which it is to be 'delivered shall be stated. ART. 114. The liability of the company as to delivery to which the previous article refers commences from the moment in which the company has taken charge of the merchandise, in the place where it is to be received, even though the person in charge of this service may not have entered it in the books of the registry. ART. 115. The government, in accordance with the companies, and after calling for the information it may deem convenient, shall designate the stations where tickets for passengers are to be sold and merchandise billed to all the points connected with the railroads, even when these points belong to other companies, as for the purposes of transportation all are to be considered as one line, and for such cases the royal order of January 10, 1863, shall be enforced and considered as forming a part of these regulations. ART. 116. A passenger carrying in his baggage jewels, precious stones, bank notes, money, stock of industrial companies, bonds of the national debt, or other valuables shall state it, exhibiting them before the record is made, declaring the total amount represented by these articles, either with regard to their selling price or the price at which he estimates them. 62 Failure to comply with this requisite shall relieve the company of all liability in case of theft or loss. ART. 117. When the company, suspicious of the correctness of the declaration of the contents of a parcel, decides to examine the same, it shall proceed to do so before witnesses and in the presence of the sender or of the consignee. If the latter, invited by the company, are not present at the time, they shall be cited for that purpose by a notary public, who shall be requested to do so by an express mandate from the competent authority. If even then they should not appear, the parcel shall be opened in the presence of the notary and the witnesses. A proper report shall be drafted of the examination and its result, signed by all those present and by the notary, should the latter be present. The place and date of the examination shall be set forth therein, the notice given to the sender or to the consignee, his presence or refusal to attend, the kind of merchandise, its condition and number of packages, the details according to the declaration, and everything which may appear and be shown in the examination at the time the parcel containing it is opened; the names, residence, profession, or business of the witnesses. ART. 118. After the report of the examination has been drafted, according to the provisions of the preceding article, the company shall send it to the governor of the province so that the proper steps may be taken by the government without prejudice to the right of sending it also to the court of competent jurisdiction in case of a civil or criminal action. ART. 119. The company can not delay the time designated for forwarding the parcels agreed to with the shippers, not even giving as an excuse the examination of the parcels, on account of suspicion of fraud or for any other reason, if the examination could have taken place at the point of delivery. If the examination shows that the shipper has not made a false declaration, the company shall pay all the expenses of again closing the parcels and putting them in their original condition. ART. 120. Whosoever shall make a false declaration when shipping merchandise to the stations in order to pay a lower rate than that of the schedule, shall at once pay the company twice the excess and shall indemnify it for all damages and losses. ART. 121. When the company shall receive articles under a sealed cover, it shall be exempt from all liability when delivering them with the seals intact and in their original shape to the shipper or to the consignee. ART. 122. If cash payment is not made in advance for the transportation charges as per schedule, the companies may refuse to carry empty cases, as well as merchandise which may be damaged, or that requiring additional cover to preserve it, and finally that which, on account of its small value, will not cover the cost of transportation. 63 ART. 123. The companies have the right to refuse parcels badly made up, and all those not sufficiently packed so as to preserve the merchandise they contain. Nevertheless, if the sender should insist that they be admitted, the company shall be obliged to forward them, but shall be exempted from all liability if it records its opposition, according to existing provisions, in the receipt issued. ART. 124. When the receipt or voucher given the interested parties by the company does not state the opposition to receive the merchandise to which the preceding article refers, it shall be liable for the damages appearing at the time of delivery at the point of destination; but even in this case it may evade the liability if it proves that the damages can not be ascribed to it. ART. 125. Animals, merchandise, or any other articles to be transported at great speed shall leave in the first train which includes cars of all kinds, provided that they have been presented for record three hours before the time of departure of said train. They shall be at the disposal of the persons to whom they are addressed two hours after the arrival of the train. If there be no trains with cars of all kinds which run to the place of destination, they shall be transported in the first one leaving, whether it be an express or mail train. When the transportation is to be made at slow speed, they shall be forwarded forty-eight hours at the latest after the entry of the articles, which shall be at the disposal of the consignees twenty-four hours after the arrival of the train. For the transportation of draft and saddle animals, the number of hours' notice shall be given provided for by the schedules. ART. 126. The shipping papers delivered by the company to the conductors of freight trains shall serve as evidence in favor of the owners who may have lost their receipt, provided they are identified. ART. 127. The regular schedule rates are applicable to all packages or parcels which, although packed separately, constitute a remittance of more than 50 kilograms, provided it is made by one individual and addressed to a single person. The parcels and excess of baggage, under similar conditions, shall be considered as a single remittance for the collection of the rates fixed by the special schedule. The express companies and other carriers shall not enjoy these benefits unless the articles forwarded by them are packed in a single parcel. ART. 128. Transportation charges on merchandise, animals, and other articles not included in the schedule may be included in the class to which they are most similar, which classifications may be made temporarily by the company itself, but always submitting the same immediately to the department of public works, which may change, admit, or refuse them, as it may deem best. 64 ART. 129. Whenever a parcel contains merchandise of different classes which, according to the schedule, pay a different rate of transportation, the one to be charged shall be that for the highest class. ART. 130. The companies may establish, within the maximum schedules which they may have been permitted to establish and without damage to the national ports and manufactures, other special rates in favor of foreigners between given points on the line; but the privilege to enjoy these rates shall not extend to transportation between other points. ART. 131. The companies may reduce the schedule rates in favor of shippers who accept a longer time for delivery than those fixed for slow speed, and of those who obligate themselves to forward a minimum number of tons, or those who offer any advantages for the transporta-, tion; but in no case may the companies evade the liability imposed on them by these regulations for bad service. ART. 132. Any special reduction or condition granted in favor of one or more shippers shall be extended to all those demanding it, if they comply with identical conditions. ART. 133. Whenever a company grants to one or more shippers a reduction of the schedule rates, the company shall inform the Government of the conditions under which it has been made. The companies shall open a register in which these conditions shall be recorded, which shall be shown to the persons who may request it. The registers shall be folioed and rubricated by the chief of the business inspection. ART. 134. When there are special schedules-for the transportation of certain merchandise, notice shall be given the shippers at the time it is invoiced, so that they may select the one most advantageous. ART. 135. All changes in the schedule rates shall be communicated to the Government one month in advance of the date they are to be published, and shall be brought to the knowledge of the governors of the provinces traversed by the railroad, who shall order their publication fifteen days before the new schedule is to become operative. ART. 136. The rates fixed for the transportation of merchandise, by virtue of special schedules, can not be increased until after the expiration of one year from the time of their publication. ART. 137. The delay in transportation shall give right to indemnity for damages, except in cases of force majeure. ' ART. 138. The burden of proof in cases of force majeure is on the company; and until the company shall have proved it, its liability shall stand. ART. 139. Robbery shall not be considered a case of force majeure, except when the company proves that it did everything in its power to prevent it; nor fire, unless it be proved that it was not due to the negligence or carelessness of the employees, nor to the insufficiency or bad condition of the means of transportation. ART. 140. The railroad companies having terminals at the frontier 65 or at maritime ports, provided they comply with the formalities and conditions prescribed by the custom-houses, may use instead of a baggage depot for the examination of baggage, the trains on which it is carried. ART. 141. The company which may have carried merchandise, without giving rise to any claims whatever, shall have a right of action against the consignees or the shippers for the cost of transportation and custody of the merchanise kept in good condition. In default of payment proceedings shall be instituted in accordance with the commercial code. ART. 142. The consignee shall pay the expenses of repacking whenever the company shall prove that it was unpacked to preserve the merchandise, which would otherwise have decayed or been lost. ART. 143. Every action the object of which is purely commercial against the company and in regard to transportation shall be brought in the courts. ART. 144. The provisions of law which submit to verification the weights and measures of merchants and manufacturers in their warehouses, stores, and shops open to the public are applicable to railroad companies in all matters referring to transportation. ART. 145. The companies shall always be liable for the loss and damage of articles intrusted to their care, whether the damage is due to their own employees or to strangers who may frequent their offices. ART. 146. If the company leases the whole space in one of the cars of its trains, and does not directly or indirectly interfere in the handling of the freight, it shall not be liable for the loss and damage which may occur, being exempt from all responsibility. ART. 147. In case of loss or damage of the effects transported, the company first charged with their handling can not make a claim against the others who were charged with the transportation, unless it prove that the merchandise was delivered to them in good condition. All the railroad companies are considered to be connected without a break, as if they were in a single line, for the purpose of transportation contracts. ART. 148. The companies are not responsible for the natural wear and tear on the merchandise when it is not greater than ordinary and when it can not be attributed to fraud or carelessness. ART. 149. In case the merchandise does not arrive at its destination in good condition and at the stated time the owner or consignee has the right to insist on the liability of the company which may have failed to carry out these conditions. In the same way it may be insisted on when the parcels, clearly and distinctly marked so that no doubt can arise, are delivered to a person different from the one who was to receive them. ART. 150. Unjustifiable delay of passenger trains shall always be punished by fine, in accordance with article 12 of the law of November 23, 1877, when the delay shall exceed ten minutes for every ] 00 kilo4590 —5 66 meters for express and mail trains, and twenty minutes for the same distance in case of mixed trains shall also be punished by fine, without prejudice to their civil liability, when in the freight service the loss or damage in handling the merchandise is due to abandonment or carelessness and when the delays exceed from one-fourth to double the time provided for in the regulations or agreed upon for the delivery. ART. 151. If only part of the merchandise is delivered by the company within the time provided for by these regulations, the other part shall be the basis for claim for loss and damages; but the latter shall cover both when the consignee shall prove the impossibility of using one without the other. Exceptions are made in cases of accident and of force majeure, which must be proved on the same day and place on which they may occur, and not by certificates obtained subsequently, and after the proceedings have been begun, unless a disturbance of public order may have prevented the authorities from freely performing their duties. ART. 152. If the owner of parcels or packages temporarily mislaid shall have been indemnified for their loss, the company may, when the parcels are found, cite the owner to be present at the opening; and after the delivery is made the company shall recover the amount it paid, making allowance for the damage due to the delay. If from the investigation of the articles fraud shall appear to have been committed in the declarations made by the owner, the company shall, in its turn, have a right to claim damages, giving information of, the fraud to the courts of justice. ART. 153. The companies may establish ordinary transportation services in order to facilitate communication between towns and the neighboring stations. The interested parties shall nevertheless be at liberty to carry the goods in their own vehicles or send them by trustworthy persons should they prefer it, but in such case, when the parcels are delivered to the stations, this fact must be stated. The companies shall then advise the consignee of the arrival of the trains within the period fixed in article 125, so that he may send for the merchandise belonging to him. After the forty eight hours allowed for such purpose have elapsed, if he does not remove the merchandise from the station, storage shall be charged from that time. AnT. 154. The companies may also establish schedules in combination with other land or maritime transportation companies, with the condition that on its lines the same rates shall be charged as when the articles are sent to the points favored by the schedule, even though the shippers, at their own expense, shall transport the merchandise by land or water, employing their own vehicles or vessels. ART. 155. The consignee of merchandise can not refuse to receive it, even on a holiday, if he be in his house when the merchandise is delivered there. 67 ART. 156. The consignee who may desire to verify the weight of the merchandise delivered to him shall pay the expenses of reweighing, provided that the result shall be the weight stated in the receipt, as provided for by article 148. If they do not agree, the expense shall be defrayed by the company. ART. 157. The examination of the parcels shall be made judicially when the consignee so demands it. The experts called for this purpose shall state in their report the outward condition of the parcels, their weight, marks, and numbers, the nature and amount of the merchandise therein contained, their quality, whether they have been wet or suffered any other damage, the time when, in their judgment, the damage occurred, the probable cause thereof, and finally the amount of the damage. ART. 158. The receipt for the articles transported, issued by the consignee, and the payment of the transportation shall extinguish all right of action against the carrier. ART. 159. The claims against the companies for loss or damage of articles transported shall be brought in the manner and time prescribed by the commercial code. CHAPTER IX. PROCEDURE FOR THE PUNISHMENT OF CRIMES AND OFFENSES AGAINST THE SAFETY AND PRESERVATION OF RAILROADS. ART. 160. The Governors of the provinces crossed by railroads shall: 1. See that, fully exercising all their powers and with constant supervision, the mayors carry out the provisions of the law of November 23, 1877, and of these regulations, in so far as they come under their jurisdiction. 2. Impose fines fgr the offenses stated in article 12 of the law on complaint of the inspections. ART. 161. The ordinary tribunals shall have jurisdiction of the crimes committed on railroads, according to the procedure and provisions of the law of November 23, 1877, and the royal orders which have been issued for such cases. ART. 162. The supervision of the railroads shall be mainly exercised by the officers of inspection and the companies' employees, both having for this purpose the character of sworn guards. ART. 163. According to titles 2, 3, and 4 of the law of November 23, 1877, and the provisions of these regulations, any violation of these articles shall be denounced to the municipal judges of the jurisdiction where they may be committed by the employees of the inspection, as well as by those of the company. ART. 164. The denunciation authorized by the title and signature of the complainant shall be made in duplicate, declaring therein the place 68 where the act denounced occurred, its date, the date of the complaint, the name and description of the offender, and his residence and domicile, if they be known. On one of the two copies of the denunciation the judge shall acknowledge receipt thereof and return it to the complainant, keeping the other as the origin and basis of the subsequent proceedings. ART. 165. Immediately after hearing the interested parties, the judge shall enforce this law and these regulations, imposing the fines in a proper case, collecting them as soon as possible. The trial being ended and the sentence executed, the judge shall inform the inspections of the line of the result of the proceedings. ART. 166. The offenses committed by the concessioners or lessees in the cases mentioned in article 12 of this law, shall be punished by the governors on official complaint of the inspections, who shall specify them as clearly as possible, and classify them according to their importance and consequences. ART. 167. The governor, after hearing the concessioners or lessees of the railroads and the permanent committee of the provincial deputation, shall impose upon them the penalty they may have incurred according to the law of November 23, 1877, should they be guilty, in his judgment. If the concessioners or lessees seek the remittance of their fines, they shall petition the Department of the Interior, through the governor who imposed them, who shall forward said petitions with his own report for the proper decision. The decision shall always state the reasons after hearing the officials or corporations deemed proper, that of the full council of state being indispensable. From the decision of the Department there shall be no appeal. ART. 168. The authors of the crimes or offenses mentioned in the railroad police law shall be turned over to the competent court either by the employees of the inspections, or of the company, or by any other authority giving mutual assistance in order to fulfill their duty. CHAPTER X. MISCELLANEOUS PROVISIONS. ART. 169. The concessioners or lessees may freely appoint and dis. charge their employees, but the Department of the Interior, by virtue of the authority of article 15 of the police law and in the cases mentioned therein, may order the company to discharge any of its em. ployees, communicating the order through the chief inspectors, who shall see that the employees are immediately discharged without any appeal. Discharge from the service may take place1. When the reports of chiefs of divisions with regard to the technical employees show that these are incompetent or that they have placed or may place the safety of trains in jeopardy. 69 2. When the reports of inspecting chiefs of administration as to any employee of the company show that his remaining in the employ is dangerous either to the security of the trains or the- maintenance of public order. Nevertheless, in the latter case 'he discharge can not be directed nor complaints admitted at the time or lsctions or thirty days thereafter. ART. 170. Railroad employees shall wear a uniform differing according to their class and the road to which they belong. ART. 171. Road guards and gate keepers may bear the same arms and enjoy the same privileges as Government guards. ART. 172. No engineer shall be employed in the railroad service without previously showing, in accordance with the instructions issued by the department of public works, the necessary qualifications for the faithful discharge of his duties. ART. 173. Notice shall be given immediately by the station masters to the inspections and to the governors of any accident which may place in jeopardy the safety of the trains or endanger the passengers or employees of the company or any other persons. ART. 174. If experience shows that besides the ordinary water and fuel deposits existing for the use of the engines other intermediate deposits at distinct points of the road are necessary, they shall be constructed at the places designated by the government, after hearing the companies and the technical inspections. ART. 175. The special regulations for the service and operation of each line shall be submitted by the concessionaires to the approval of the government. ART. 176. The written, printed, or lithographed instructions, orders, circulars, and provisions relating to the railroad service shall be immediately communicated to the inspections. The manuscript orders shall be copied the day they are issued in a special register, which shall be presented to the inspections whenever demanded. ART. 177. The chief inspectors shall have the right to examine the accounts of the companies' receipts and expenditures, the royal decrees received by the companies, and any other documents relating to the operation of the road and by which its real condition may be ascertained. ART. 178. All notifications to railroad companies shall be made at their domicile, and when citations are served on the station masters they shall be of legal value only when the station masters are duly authorized to represent the companies. ART. 179. The companies shall not resist the attachment of their warehouses and depots when made by virtue of a judicial mandate. When an attachment is made, the articles attached shall in no case be dispatched and returned to the shipper or consignee, but they shall always be at the disposal of the court. 70 ART. 180. It is the duty of the company to keep in good condition the article which, for any reason whatsoever, may have been deposited in its stations. When they require more care than the company can exercise the provisions of the commercial code for similar cases shall be observed. ART. 181. Articles forgotten by passengers and left in trains or waiting rooms, those falling on the way when the train passes, and all those the owners, shippers, or consignees of which are unknown, shall be kept in a depository; a special record shall be made of the same, stating the date, and place of finding them, and their description. If they have been advertised three times in the official bulletin of the province, and after a year has elapsed nobody has appeared to claim them, they shall be offered at public auction, and the proceeds thereof shall be applied to charitable institutions after deduction by the company of the expenses for care and storage. ART. 182. The power conferred on each governor by these regulations may be conferred in whole or in part to only one of the governors of the provinces crossed by the same railroad as may be required by local conditions and by the better public service, in the judgment and at the will of the Government. ART. 183. The telegraph lines in charge of the companies shall only send news, notices, and dispatches relating to the railroad service. ART. 184. The care, as well as the attendance and maintenance of the telegraph material, including the wires devoted to the Government service, shall be at the expense of the companies. The offenses committed against the telegraph service, and those causing destruction or damage of its material, shall be considered as offenses committed against the road, and, as such, punished according to the provisions of Title V of the railroad police law. ART. 185. In the most public places of the stations, and especially in the waiting rooms, there shall always be posted, for public information, copies of these regulations. Their provisions and those of the articles of conditions referring to merchandise shall also be posted in the places where the latter is received. ART. 186. The chief conductor of every train shall always carry on the trip a copy of these regulations. i The engineers, firemen, brakemen, road guards, and other employees j in the service of railroads shall be given an extract of the provisions of the regulations which they may have to observe. A- T. 187. The department of public works has the power to fix the times when the companies must submit for approval their regulations, schedules, and other provisions, which they are compelled to do. If the time fixed elapses without the companies doing so, the Government shall decide as it may deem fit. ART. 188. Offenses against these regulations, the decisions of the Government, and those issued by governors of provinces, relating to 71 railroads and their best service and police, shall be punished according to Title V of the railroad police law. ART. 189. All provisions which may have'been issued up to date for a better understanding and application of the articles of the regulations of July 8, 1859, in so far as they do not conflict with the prescriptions of these regulations, shall be considered in force. Approved by H. M.-C. Toreno. RIOFRIO, September 8, 1878. Approved by His Majesty. C. TORESNO. Gaceta, September 22, 1878. 0 Ib