dent, secretary, treasurer, or managing agent thereof. Proof of service of summons and complaint must be as follows: 1. If made by the bailiff, his certificate thereof; 2. If by any other person, his affidavit thereof. RULE IV. From the time of the service of summons and copy of complaint, the Commissioners shall be deemed to have acquired jurisdiction of the parties and subject-matter. The voluntary appearance of the defendant is equivalent to personal service. RULE V. The complaint must contain: 1. The names of the parties to the proceeding; 2. A statement of the cause of complaint, in ordinary and concise language, giving such particulars of time, place, and circumstances as may enable the defendant to answer the same intelligently; 3. A demand of the relief claimed. RULE VI. The complainant may write several causes of complaint in the same complaint, but the causes so united must be separately stated. RULE VII. The defendant may, within the time required in the summons to answer, object to the complaint upon the following grounds: 1. That it does not state facts sufficient to authorize the proceedings; 2. That it contains more than one cause of action, and that such causes are not separately stated; 3. That it is ambiguous, uncertain, or unintelligible. RULE VIII. If the objection is sustained, the complainant may, within ten days thereafter, amend his complaint. If the objection is overruled, the defendant may, within ten days thereafter, answer the complaint. RULE IX. The answer of the defendant may contain: 1. A general or specific denial of the allegations of the complaint controverted by him; 2. A statement of any new matter of defense, or in mitigation or explanation of the charges made in the complaint. RULE X. The complainant may, within ten days after the service of the answer, object to the same as insufficient, and if the objection is sustained, the defendant may, within ten days thereafter, amend his answer. RULE XI. The complaint, answer, and demurrer must be subscribed by the party or by some attorney at law in his behalf. If the complaint is verified, the answer must be verified in the same manner, by the persons and in the form required by the Code of Civil Procedure in civil cases. RULE XII. The provisions of Sections 452, 453, 462, 463, 464, 465, 469, 470, 471, 472, 473, 475, and 476 of the Code of Civil Procedure shall be applicable to pleadings before these Commissioners. RULE XIII. If the defendant fails to appear and answer the complaint, the Commissioners shall render such decision thereon, within the relief demanded in the complaint, as the facts may warrant. RULE XIV. The secretary of the Commissioners must keep a calendar of the proceedings at issue, according to the date of service of the summons; and Sections 594, 595, and 596 of the Code of Civil Procedure shall be applicable to the proceedings to be had after said proceedings are entered on the calendar. RULE XV. Any party to such proceeding, feeling aggrieved at the decision of the Commissioners, may, within sixty days after such decision, apply to the Commissioners for a rehearing; such application shall be in writing, and shall be filed with the secretary. The application may be made upon any or all of the following grounds: 1. Irregularity in the proceedings or abuse of discretion, by which the party was prevented from having a fair rehearing; 2. Accident or surprise which ordinary prudence could not have guarded against; 3. Newly discovered evidence, material for the party making the application, which could not with reasonable diligence have been discovered and produced at the trial; 4. Insufficiency of evidence to justify the decision, or that it is against law; 5. Error of law occurring on the trial. Sections 658, 659, and 660 of the Code of Civil Procedure shall be applicable to such rehear ing. RULE XVI. Sections 668, 669, and 670 of the Code of Civil Procedure shall be applicable to the entry of the decisions of these Commissioners. RULE XVII. The provisions of Part IV of the Code of Civil Procedure, relating to the general principles, kinds and degrees, production, and effect of evidence, and of the rights and duties of witnesses, shall be applicable to proceedings before these Commissioners. RULE XVIII. The word "person" in these rules includes corporations and firms; the singular, the plural; and the masculine, the feminine and neuter genders. RULE XIX. These rules may be amended at any regular meeting of the Commissioners, and amendments so made shall go into effect sixty days thereafter. RULE XX. These rules shall be in force from and after the first day of July, 1881. OPERATION OF RAILROADS. An Act to compel railroad corporations, or individuals owning railroads, to operate their roads. [Approved April 15, 1880.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. From and after the completion of any railroad, or the completion of such portion thereof capable of being operated, it shall be the duty of the corporation, or individual owning the same, to operate it; and upon the failure of said corporation or individual so owning said road to keep the same, or any part thereof, in full operation for the period of six months, its or his right to operate the same in whole or in part, as the case may be, shall be forfeited; and the lands occupied for the purposes of its or his road, so far as the same shall not be operated, shall revert to the original owners, or their successors in interest. A railroad shall be deemed to be in full operation when one passenger train, or one mixed train, is run over it once each day in each direction and a sufficient number of freight trains to accommodate the traffic on said road. SEC. 2. This Act shall not be construed to apply to a case where the operation of the road is prevented by the act of God, nor to a case where the operation of said road, together with its branch or trunk lines, does not yield income sufficient to defray the expenses of maintaining and operating the same in connection with its said branch or trunk lines. SEC. 3. The Railroad Commissioners of the State of California shall have the power to examine and determine the question whether said road, together with its said branch and trunk lines, does or does not yield income sufficient to operate the same. SEC. 4. This Act shall take effect immediately. 130 Cal. 20. An Act relating to the operation of railroads. [Approved March 23, 1893.] The People of the State of California, represented in Senate an Assembly, do enact as follows: SECTION 1. Every railroad company now or hereafter engage in the business of operating a railroad or railroads, by stean motive power, in the State of California, is hereby authorized an empowered to use electricity or steam, or both electricity and steam, for the purpose of propelling cars or trains on such railroa or railroads, or upon any portion thereof; provided, that in incor porated cities and towns having more than five thousand inhab itants, authority must first be obtained from the legislative authority of such city or town, in the same manner in which franchises are granted. SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. SEC. 3. This Act shall take effect immediately. An Act to provide for the management and operation of railroads above certain elevations. [Approved February 9, 1897.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. All railroads operated in this State whose lines of road are wholly constructed at an elevation of five thousand feet, or more, above the level of the sea, shall only be required to maintain and operate their roads, or to run passenger or freight cars thereon, between the fifteenth day of May and the fifteenth day of October in each year. An Act to enable railroad companies to complete their railroads. [Approved April 1, 1878.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Every railroad company heretofore organized under the laws of this State, and which has completed a portion of its road prior to the passage of this Act, is hereby authorized and empowered to complete its road as described in its articles of incor poration, notwithstanding it may not have begun the construction of its road within two years after filing its original articles of incorporation, and notwithstanding it may not have completed and put in operation five miles of its road each year thereafter. SEC. 2. This Act shall take effect from and after its passage. STREET RAILROADS. MAIL CARRIERS TO RIDE FREE. An Act requiring city, city and county, or town authorities to exact and require from persons or corporations seeking permission and authority to lay railroad tracks through streets or public highways of any incorporated city, city and county, or town, a satisfactory promise and undertaking to permit and allow mail carriers in the employ of the United States Government at all times, while engaged in the actual discharge of duty, to ride on the cars of such railroad without paying fare; and to make such promise and undertaking a condition precedent to the granting of such permission and authority by such governing board. [Approved February 27, 1893.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. In all cases hereafter, where application is made to the city, city and county, or town authorities, or to the trustees, council, or other body to whom is intrusted the government of the city, city and county, or town, for permission and authority to lay railroad tracks through streets or public highways of any incorporated city, city and county, or town, such authorities, before granting such permission and authority, in addition to the terms and restrictions which they are now, by law, authorized to impose, must exact and require from the persons or corporation asking or seeking such permission and authority, a satisfactory promise and undertaking to permit and allow mail carriers in the employ of the United States Government, at all times, while engaged in the actual discharge of duty, to ride on the cars of such railroad with |