TRA NLA TFON
OF FLORIDA LIBRARIES
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FOA F THE AN I, ANI
GENERAL GovERNMENT OF TIHE ISLAND OF CuBA,
: The Colouial Dmpartment, under date of September 27 last. aimi under .(Wo. 1678, communicates to ]is Excellency the Governor-General, the
following Royal Order:
Young ExcE:.LE;NCY: In view of the necessity to clearly establish the legislation
in force in that Island with regard to Rlailroads in order to avoid the do-nhts which appear in the questions submitted by the Gueneral Inspec tion of Publie Works, and which also appear in the proceedings which take place in that Islind with relation
to concession-, of this elass of roads of communication;
Whereas, after the hBudget Law of Julmne 5, 1880, w: promulgatd there wer,.
declared as preferred lines those mentioned therein, th. eoneession of whi-h te
Government was authorized to grant, d, declaring the two G,nriil laws. o' ,.m
23, 1877, and their corresponding Regulationms, applicable in so far as they do a lt conflict with the prescriptions of the said law;
Whereas the lw of November 23, 1877, prescribed all the rules neess,.1 !,-r th
concessions to construi lhilro:ds, of general inutercst and those, of jai,t .: ; c il tramways, and which in its article 80 establishes that the laws, decrees, and ot hier
provisions issued prior thereto which conliet with the same are repealed;
Whereas the Decree-law of Novenmbier 14, 186S, on new general iases for mh, l gislatiom on Public Wo1rks has 1ben repealed in so far as it refers ito R:iroads, from the time the special Railod Law was pronimulgated and declared al'!icaile to the
one of that Island;
Whereas for the proper applications of the said Railroad Law and the Regulatimons
for its observance it is necessary to make in its text tho-i, alterations necessary to apply the same to the adminiistrativ e %anization of that prvince, this shih!l not be an obstacle for the immediate application of it prescriptions a- ordL.ed iy the
law of June 5, 1,80, consulting any doubts which maN arise il so doing:
his Majesty the King (,ihem God preserve) ihas deemed it.proper to stall, to Your
Excellence that the legislation in force for the concession, construction, aind operatiom of Railroads of that island is th:i t w hich was expre-,sly ordered to be observed by article 27 of the budget Law of June 5, 1880, or contained in the General Laws of
November 23. 1S77, amnd their corresponding regulations, in so far as they do mnot ,'oflict with the prcscrip ion, established by said law, said legislation havi g i peahd all prior measures issued in conflict with the samje. This I communicat, to Your
Excellency liby Royal Order for your information anid conisequent effects.
And His Excellency having ordered its compliatiee under date of
October s18, last, it, is published in the Gaccta, for general information.
Ilabama, November 24, 1882.
M. DIAZ DE LA QUINTANA,
Sccretry of t. General Gocrc nment. G(w1 ta (f I )Dobirniibt
PUBLIC VORKI S.
The General Law of lairoalds. and thile Law for the police of the same, of November 23, 1877, and the lRegulations for its application i o' A1y 2t, 1878, now in force in the Peniisula, having been extended to this Island, I l ne ordeed their pu)liation ill the Uac(, for general ihntlm llationt.
HIaliuma, Jlmnury 5, 188;.
21. DIAZ DE LA QItN'TANA,
SccuretaiT ,f thi Ueneral Gorerton nt.
J A TV .
Don A lIfoInso X 1I, by the (race of God. Const itutional King of Spain: E. now all ye who see and understand the-e presents- Thmt in neco'd...ance with thile bases approved by the Cortes which were promulgated as alaa on December 29, 1876, making use of the authorization granted
-' by the same law to my Secretary of Public Worksm, hearing the Semetary of the Navy in the matters of his special compete'ice, and hearing also the full Council of State and the Consulting Uoard of Roads, Canals, and Ports, and in conformity with my (Council of Secretaries, I have decreed and sanctioned the following law:
CHAiP'ER i 1.
CLASSIF'ICATION (OF Ha .,IIRl OADS.
ARTICL 1. This hlaw refIrms to all railroads, whatever be th system of finaction cimloued.
AwrT. 2. 1R:ailro:lds are divided into lins of gmenial setrvie and nt private service.
ART. 3. Railroads of general service are those devoted to public operation for transportation of passengers and tralice of nruehalndis,; those of private service are devoted to the excluive operation of a
given industry or to private use.
ART. 4. The lines conmstructed and those included in the Inw of .uly
2, 1870, their branch and special lines, form the gener:il plan of railroads for the purposes of this law, all of which are montioed he:4 as
Northern Syltin.-31adrid to Valdolladol illadolid to Burgos, Imrgos to Irn, San Isidro de Dal)uemas (Venta de laiaos to A\lar del licy, Alar del Hey to Santander, Quintnilla de las Torre to ()Orl, 3Warid to Valladolid by Segovia. From the line ftroi Madrid to Yalladolid to Segovia. Medi na del (a mpo to Zamorn. Medina 4.1-l (C:mn11iii i almnanca, Tudela (Castqj6n) to Bilbao. )1inas.do Trian) to the Iia de
Norithc stltrt syh mi and its junction wit the .,N'thr -Madrid to
Zaragoza. Zaragoa to Alsasna. Zaragoza t I Bareoma. 1arcelona to Granollers. Granmollers to Rambla de Sta. Coloma de Fainms. Barcelona to 1atar. latar6 to Arenysde Mar. Arens de Mar to Ranmbla de Sta. Col,,mim. RamlI:, de Sht,. Colmi to Gerona. (Gerona to iguter-s. 'igtr to the fltntierof Frau c- '. rm:' I,' h : ('W,
tral Pyrenees. Tardienta to IInuesca. Tarragoma ,Ma rtrell. Mar.
torell to H arielona. Lerida to 1onthlanch. Monthlanhli to Reus.
Roius to Tarragonia. Bareeloa to Sa'rri. Segua to Barbastro (ianmollers to San Juan de las Abades:s. Alollet to Callas de lont.
biuy, ianresa to G;unadilda by Icrga. 3Minus de Montscilel to the French frontier by the Valley of Arin. Alcocer to Valls.-- Vall.; l Villanleva y Geltri to lareelona. Ldirida to Puente (del Rey. Za r.
goza to Esia trIn. Val de Zafan to Gargallo. Val de Zan io Alhaif lRens, and Tarragona. Val de Zafan to Utrillas by Gargllo anoI AndoWNrL. Utrillas to ia Zaidhl. Yallalolidt to Calatail. Segoi' to the line from Vall:indolid to Calt aynud. Daides to Soria and Castepn.
E.'astern sY/stem and its junction wlth the iortheaster,.-iadrid to
AUlansa. AlIansi a to Alicante. Alinaisa to Jitiva. Albacete to Cartagona. Castillejo to Toledo. kranjuez or Madrid. to Cuenen.
Alc izar de San Jluan to Quitaunor de la Orden. Ji tiva to Grao de Valenia. Vlenciia to Tarragona. C(ayclte to G(ahdia and Gandia.
to DenIia (animal traction). Cuenca to Ilenareos. Cuecena to Valencia by Landete, and frilom this point to Teruel. Teruel to Gargallo by the River Alfainbr;-a andt Utrillas. Teruel to Sagunto. Calatayiud to Teruel and L.ugo to Utrihlas. Alicaunte to 1arcia and its brauchels to
Novelda and Torrevieja.
Nowitrn systmt and its../lution wih the ]a.st crn.-A31adrid to CiudadRea directt line). Aazaur de San Ju:n to Cilad-eal. Manaiznares to C(Qo ldoba. Cirdoba to Sevilla. Sevilla to Jerez. Jerez to Trocadero.
Purto teal to( Cadiz. c(irdoba to lidlaga. Cirdoba to Belmhnez.
Uiivera to Iarn. Utrera (jiunction) to Osua. Canimpillus (Iiobodilla) to (Granada. 'Tharsis to Odiel River. Buitrii to the river of San Jull t (,i P uert. Bulitron to the line of 3lrida to Sevilla. Sivilla to 11uiva. Tharsi< by Paiinogo to) the line of DejL. Mengibiur to Jadn and ramnada. Linares to Almeria. Miurcia to Granadla by TLorea. Vadlano toLinares and los Salidos. Osuna by Casariche. Jerez dle Ina Ir lanutera lto onalza by Sadliear. Cadiz to Ci(nupmTniento. Canmpamenilo to 31:ing. tuento (Geil to Linares. Zaa to H xelva. .lastern systa and((I itsj luctin ith the Southrn and /the XorAhcrn.Ciidad-IReal to Badajox. Medellin to 31aiadas. Deohnez to Casillo <1e Almnorchin. 321hdrid to IMalpartidade Ilasencia. ialpiartida de Plah sei-ia to 3lonlbrltin, Talavera to Alnorchni. Merida to Sililla. 31-rida to 3lalpartida de Plusencia by C;ieeies. 1ulp:artidn' de Plusen chia to Salamanea. C;ieeres to thlie frontier of ortugal. S alalic to the frontier of Portugal.
No'thwcstern system anad its juctian with tle lorthert.--l'alencia to PoInlerr-ada. PonfTrrada to Coro&a. Montorte to O(ense. Orense to Vigo. Lugo to tiad. Ferrol to ietanlzos. Santiago to the port of Cuarril. Redondelato3rin lby Pnteedra. LeS'i toGijin. &amade Langreo to Gijan. Saubero to El l go. I)-iedo to Pra-ia by Tli h. Villabona to San Juan de Nieva. Zrnora to Astorga by lienavele.
Balcaric' slands.-Pahna to Alcudia and Santa Maria or Manaeor. Branches to coal mines or mining districts andi importing industrial centers.
AnT. 5. All the. lines included in the plan adopted by the previous article, and also those which may be included in the future in said plan are lines of general service. Lines devoted to the operation of coal veins and mines of importance may also be included in those of general service, when so classified.
ART. 6. Tlhe plan of railroads can not be changed or modified except by virtue of a law.
ART. 7. All the railroad lines of general service are of public owner'hip, and shall be considered as works (of public utility, which are entiji led to the right of eminent domain.
ART. 8. The declaration that a railroad devoted to the operation of a coal vein or of mines of importance is of general service shall be made by a law. In order to obtain said declaration, a report of experts as to the importance of the mines shall in all cases he ne.essalry. The report shall be made by the Secretary of Public Works after hearing the Superior Cobsulting Board of Mines.
CONCESSION A'NDI AUTI[OZAIITION TO CONSTCT UIA1lTwOiS OF OENEn n. SERVICE.
ART. 9. The construction of lines of general service may be undertaken by the Government, by companies, or Iy individuals. Ani. 1 In order that tihe Government may nmudertake thie construetion ofa line with national funds, or with the aid of the proving or towns, itisnecessary that thie line be included in the plan, and. be-Ces. its immunediate execution must be authorized by a pci-ial law. AR'. 11. When a line of general service is to le constructed li i 1ividuals or companies, the concession mus always be prxee d 10 law fixing the conditions under which the concession is to be grated. ART. 12. The construction of lines of general service may be aided with public funds:
1. By carrying on ertaill works.
2. By delivering to the companies at slated periods a part of ihe capital invested.
3. By allowing the use of works constructed for public use compatible with the use of the railroads.
4. By graniting exemption from customs duties upon the material of construction and operation of the railroads, complying strictly with the provisions of the laws of the Budget or any others in force. Ant r. 13. The provinces and towns directly interested in the construction of a line of general service shall contribute with the State to
the subsidy granted in the proportion and nantner prescribed by the law'referred to in Article 11.
ART'. I. The aid which is to be given the constructing companies, once determined by the Laws of Concession, the concession shall be offered at public auction, under the terms fixed, for three onths, and shall ie a arded to the highliest hbiir, with the obligation to piyo-4 the prl"oer party the cist of the plans of the project. which mliay haic served as a basis for the concession; the said cost shall le fixed before making the public sale in the cases and in the form determined hy the Regulations.
AiRT. 1.5. In order to be able to bid at the auctions, it, must be shown that 1 per cent of the total value of the railroml, according to the approved estimate, has been deposited as a guaranty of the proposils which are submitted.
AR'. 1Q;. In no ease shall the concession titles to lihes of general Service be issued until the holder of the concession shows that le has deposited, as a guaranty of his obligations, 5 per cent of the amountilt of the estate if the concession has a subsidy, and ; per cent if there be Dlone.
It' the holder of the concession alvows fifteen days to pass without making tithe deploit, the award shall le declared null, with the f'orfeiture of the hbond given, and the concession of the line shall be again offered at amctioi within the period of forty days.
AnT. 1. The companies holding concessions of lines enjoying subsidies eal not dispose of the amounts deposited as a guaranty of lhe construction of the railroadil until they have totally finished the works which are the objects of the concession. In case the liHue has no subsidy, the guaranty may lbe returnd when it i proven that there are worl..s lnishe e luivalent to a third of the cost of the works included in the concession. Thle said completed works shall remain as a gularainty for the filfillinent of the conditions stilpulated.
AiT. 18. The project which may have served as a basis for the con-lcession. of a line can not lie changed in any manner whliatsoever by The holler of the concession, withou t first obtaining the proper authorization from the Secretary of Publie Works. granted with the requisites prescribed by the egulations of the present Law.
Ai'T. 1. WVhen, as a consequence of the chliange referred to in the precedinig artiicle, the cost of the work is diminished. rThe direct subsidy shall he dimiished in proplori ion to such dimininton ; if the changes or inodifications increase the cost (of the work, even when these changes perfiNt th silame, and adva ni;ges aerue by its use, the subsidy granted by the L.aw of Concessioui shall niiever be increased thereby.
AnT. 20. Wlhen the work is completed and the operation of the line belong to the owner of the concession, the State shall reserve to itself the suplervision thereof, through its expet agents, so that the oOration of the line may be conducted according to the conditions stipulated.
A p. 21. The conicessioninaire may, after propel aut' oration from the Secretary of P'ublic Works, transfer his rights, and the person acquiring them shall remain obligated under the same conditions and with the same gni'anties to the fulfillmneut of the stipulated conditions.
ArT.22. Thim concessions of lines of general service shall be granted, at the most, for ninety-nine years.
SAr. 23. At the expiration of the period of the concSsion the State Sshal acquire the granted line with all its dependncuies, and shall fully ekjoy the right of operation.
ARTi. 24. Norailroad concession shall create a monopoly in favor of companies, or indiv duals, and no other sul)sequent eoliCeSsiollS for roTdS omnis, rairomds, works of navigationll, or others, in thle same dist iEt where the railroad is situated, or in another alijoining it or d istiit therefrom, shall serve as a basis for claiming any indemiUty whatsoever in flavor of any of the owners of the cuncssions.,
F(IALIT'IES \,TiH WIHIC1 TIlE AU'TlOIIZAT ION OR th.CE;SSiON SHALL L IEQUESTED.
Ai'r. 25. When the Goveroni nt shall deem it proper to construct with public funds one of th railroad lines iminded in the plan, it shali suhbmllit to the Cortes, togelh withl the tWin of authl uizati;i. the fi lowing douminents:
1. A mlmelmial descriptive of the lplani.
2. A general plan and longitudinal proile.
3. An estilllate of the ("st of conllstructioll and the aiinual cost of .
repairs and mahilntellaiite of Mhi wiXVrk.
4. An estimte of the material necessary fior the oiration and the
annual cost of its repair anid militenance.
5. A schedule of the highest rates to be demanded Ior fares and
(. Such other conditions as may be deemed Ioper.
Alt. 26. Individuals and com lpanies who m1v desire e oncessimi
of a railroad line declared to lbe of general service, shall address their petition to the Secretary of Public Works, and must present with it the documents constituting. the plan. and must also show that there has been deposited as a gunairanty of the plan 1 per cent of the total cost of thile works and the material for the operation of ithe linie, according to
ARIT. 27. The plan being approved and tIle condition of the concessions being mutually accepted, the Government shall present to the Cortes the plroper form of Law, with the doinuient mentioned in
ART. 28. Whel individuals or companies desire a declarationu that
the railroad line they propose to construct is of public service, they shall
address their petition to the Secretary of Public Works, together wilt c memorial and a general plan and proifle of the line. The said Seeretary shall theu give a hearing, at which the Provincial Deputations and the Munticipal Corporations interested in the construction may be heard, as well as the coriorations and authorities which, in their judgmeit. maiy shed light on the subjtet, as well as the Contsulting Board of Roads, Canals, and Ports; and ihe shall then suinit, as a rekitt of this hIearing, the fIrm of Law to the Cortes in order that the raillriad be included in the plan of thos, of general service. This declaration being nmaule the proeeditigs determined by the articles of Chaper Ill to grant thle concession, if there be grounds for it, shall be followed.
An. 29. When two or more petitions are presented with different plans. so tht a railroad of public service is declared of general utility, a heatiting on all of the lanhs, as provided for by the previous aftitiet shall be given, so that the law making the declaration shall redound to the benefit of the one offering greater advantages to the general interests of the country.
PiIVILEGES AND GENEi;RAL, EXEMPTIONS GRiANTED TO COMI'ANIES
IOLIDING CONCESSIONS OF PAILIOAIS OF GENERAL UTILITY.
A'. 310. Foreign capital employed in the construction of railroads, and loans for this lurpose, shall be under the protection of the State, and arc exempt frtoti rep risals, c onfiscations, or attachtCments by reason of war.
Ait. l. The thllowing-" shall be granted to all ratilroad companies of general utility:
1. The public lands which the road and its aplp urtenan-ces mnay have to occupy.
2. The rights which the inhabitauts of the districts through which the lini posses have to ct timber, to lpastu rage. and other rights, shall be eno iyed b y th emiplonyees and laborers of the companies, and bfor the ca e of its draft unintals employed in the works.
3. The right to open quarries, gather loose stone, construct lime, chlillk. and brick kilus, to deposit materials and to establish workshops on lands adjoining the lints. If these be public laids, the right shall be used after giving previous notice to the local authority; but if they be private property, or l'property of the province or municipalities, the lands mnay be used only after the parties have agreed, either by inutnal consent or by virtue of the law of eminent domain, with reference to the temporary occupation.
-1. The exclusive right to collect, while the concession lasts and according to the schedule of rates approved. the rates charged fbor passengers and freight, without prejudice to those belonging to other companies.
5. For the lines which can revert to the State, the exem, ion from the mInortgagec charges due on account of the charges for transfers of property, made by the construction of these railroad lines and their appurtenances, by virtue of the law of eminent domain, as w ell as those arising from contracts for the same purpose made by the companies with individuals.
FuI FEtTITRI oF TiuF coNCESSIo)N (OIF NIItOAiS orF GENERAL SEll VICE.
AnT'.32. The declaration of the forfeit tre of the concession of a line of general service shall always be made after proceedings instituted in accordance with the egulitions.
AINT. 33. In order to declare the forfeiture of a concession tihe full council of State 1must he heard.
AuT. 34. The holder of the concession may appeal from the decision of the Government. declaring tihe forfeiture to thle administrative otlicers where these matters are in controversy within tit period of two months froa the: day of publication in the (tieial (azette.
If lie does not appeal within this time the ministerial decision shall be considered as consented to, and there shall be no recourse whatever against it.
ART 3. 31'The forfiture of a concession on account of failure to lerfori, attributed to the holder thereof, shall always be accompanied bW the loss of the bond to the benefit of the State. Ai'T. 31. The concessions of railroads included in this chapter shall lhpse in any of the following cases:
1. If the works are not coinetced or finished within the timnte fixed by the law of concession, except in cases of force majeru'e, so declared after proceedings. in which the full C(ouncil of State shall be heard. WVhen any of these cases occur, and are duly proven, the time IpresMOibed by the Secretary of Public \-Workls may be extended for the period absolutely necessary. which (a:t never exceed that fixed in th concession for the construction of thie works. The extension having ended, the concession shall lapse if the provisions prescribed at the
time of its execution are not fultilled.
2. If the public service of the line be totally or partiallt interrmuplted,
except in cases of flbree majeure, declared t, be such in the manner
prescribed by the first paragraph of this article.
3. When the company owning thile concession is dissolved by an
administrative or judicial act, or declared in bankruptcy.
ART. 37. In the cases of fofeiture by dissolution or bankruptcy, the
Secretary of 'Public Works shall take possession of the works and of the fixed and rolling stock. taking charge of the operation through a council which he shall alpoint, in which lie shall give represenitation to the stock and bond holers and to the creditors of the lapsed company.
ART. 38. If, when the forfeiture is declared, the works have not been begun, the administration shall be freed from all liability to the holder of the concession. If any of the works had been executed, or all of thei, they shall be sold at auction, ;awarding the conession to lie best bidder. The new owner of the concession shall then pay the foriner owner tie a uiioIt oillie at the aunetion. "
Tihe basis fbr thisanction half be the amolnot avcUrding to aippruisal, of tie cost of the plan, the land purclIased, the works executed anl the ruOnsttiruction nd operation uateial on ha, deduting thelpaYierits made to the coiceCsionaire and delivered to the same in lan i works, slrowe, etc. The appinaisal shall be miade by the E engineers of Ro:ulads, .Calliials, andl Ports. whom the Secretary of Publie WVorks inay select, and by the experts appointed by the councessionaire.
ANT. 30. It' ino bidder appears at the action mentiired in the preceding article, a new auction shall be advertised during the period of two inmouths, andl with tlie basis of two thirds of the amount of the oplt'isal. If no biilers appear at this now auction a third and last antiot shall be advertised during the period ofone mioth, without any fixed basic.
A1T. 40. It' at any of the three auctions referred to in the preceding articles bids were made within the advertised conditions, the railroad shall be awarded to the best bidder, who shall pay as a guaranty the amoulut of 3 ur 5 per cent ot the valutoe of the works, to be executed in accordance with the coiessiion: and the effeots of this law shall be applicable to the new concessionaire, the same as they were applicable to the former. and he shall be liable to all the provisions, substiting the former coinssionaire iin all his liabilities and rights.
AiT. -1. F'rotii the cost of the works auctioned. which tilhe bidder shall pay, as provided lfor by the previous article, the expenses of appraisal and anition shall be deducted, and the rentiinder shall be delivered to whom it may rightfully belong.
AlT. 42. In ease the eoncliessiio is liot awarded in any of the three con evutive auction. the State shall take possession of the works, to continue them it it was considered convenient in accordance with the provisions of the lai, without the original holder of the concession having the right to any indemniity whatsoever.
(211 u ~'rnn VI.
CONDiITIONS OF CONSTRUCTION TO W III 'ITAT OF RAILIUOAD, FOR
GENERAL SERVICE M31UST CONIFOR1I.
AnT. 43. The railroads of general service shall be constructed acnording' t t the following conditions:
. The galige of the track or distance between the two interior sides of the rails shall 1 m et- r C7 centiuicters (6 Custilian feet).
2. The taugge of tei tracks shall be 1 meter amid O8 cntilnetet (6 feet G inches Castilian Ilnetisurement
3. The other dimensions, as well as the other conditions of construetion, shall be fixed in each par icular case by the Secretary of Public Works after hearing the Conu1lting IRoard of toads, Canals, and Ports.
4. The roads of general service may be constructed with one or two tracks or by combining these systems.
ART. 44. When lines not inchuled in the general system are to be established lthe technil conditions mientioncd in the pIeceding Iartide may be mniodified, and those to which the line must cifbrmn shall be fixed in a special law, which must prcedo tile concession.
rCmAV'n;: I' I t.
OPETA'TION OF nAlI m.)AlIs.
ART. 45. Every railroad shall have two distini tt s>.-tior passvugers and for freight.
ART. 40. The charges for each shall be fixed by the schediules of rates in force for. each line.
ART. 4T7. The documment of conditions of the concession shall designiate the special schedule of rates for certain servi es to the State as well as those which are free. Among thie latter is ile carrying of the regular mails, which, as well as everything necessary for the operation of railroads, shall be deterlmin-d by the Secretar of Pl'ublic \Voiks with the concurrence of the proper Secretaries, a tihe case may be. ART. 48. Fromn the carrying eomuinies andml front individuals who use their own materials the legal freight only may be deninided. AT. 149. After the iirst five years that the rainload is in opturani on, and thereafter every live years, a revision of the selhedulh, ,rates sa ll be made.
If the Governimet, witlout injury to the intuerits of the company.
believes that tlhe rates may he lowered, but the fitml,'ny do(es not agree to the reduction, it mnay, nevertheless, ht manila hby a l,., uoranteing to tie company the total earnings of the last year and. be-dids, the average progressive increase of the earnings which thiy nay. have had
in the last fie years.
ART. 50. The companies may at any tine reduce the s>htdule of
rates as they may deemi hem, adviing the Secret ary or 1i i wrks.
ART. 51. When schedules of rates are ,to w cuingl it Sihnl be dly
announced beforehand to the public.
ART. 52. There shall be established along tile ro:nul s a tel'rapnh line,
the number of wins of which, and other condii ion, a to the general and official service, shall be determined in the d lcnicui t of uolitinl
of the concession.
ART.53. When the pilmdic service tof the comnl any i iotal:. a ,
tially interrupted oxing to its own ful It. the omer'nil-t shall. :
matter o(f co01 tiak the steps necessary to wre nill' d ub1ihli,' ,Wr
Within a period of six months the company holding the conllcession
must prove that it has sufficient imealls to conltilinue its operation; tlhe company may cede the operation to another company or third person,
after a previous special authorizatioi of the Goverlnment
If even by this proceedillng tih s,.: vice is not relewed the colces'sion
,shall be considered as forfeited ,. Lherlcfore, what is prescribed by
the articles of Chapter V shall I1 w plk:1 with
An'T. 51. The operation of rail, belonging to the State sla.ll be
carried on by the Government or b collpaullis which ilay contract for the service at public auction, as it may be best for the interests of
Ai'T. 55. In all concessions there shall be stated the right of the Government to the necessary supervision and intervention, so as to keep the service of thle railroad ill good condition and to scIure f lthe expenses and receipts of the company. ANT. 56. In the Law and IR eguhirlions to be made for the police of railroads there shall be detcrmiled whatever is proper fIor their Imaintenanec anld security.
PLANS FOR TAILIOAl) LINES.
AIr. 57. Tie Secretai'Y of Prublic Works slall order that, plalls of the liles iILd(l ill tie gCleeral syseI be nulde, or those be'l be completed, by Elngineers of1 l:Als, Cainals. and Ports, so that with le respective plans of the iles the ( iov erlllent. miay slbillit to tie Ciort es thill, proper i1rmn of law authorizing the aut i yol. Aitr. 58. The Secretary of Public Wo lks ay authorize 11livi'lulis o0 colllmal's to imake plals so as to Collel the facts anld documents wih, acr. dlingl to the pr'ovisiols of this Law, are necessary to obtain the cnession of a line. This authorization can not be understood as ranti any right whatever against. the State, nor limiting ir any way the right whicl tile Department of Public Works has to grant equal authorizations to those who may want to study the same lie.
A '. 3). The concession 'r plans shiall be preced by the deposit of the bolnd, tha the Secretary of Public Works shall consider slfliient, tr answer for iie damages which thle said study may occasionl ill tile lands traversed by the lie.
The aiproval of tihe plis slll not take plae until it h a been goule over on the roind by the Eigineers of the State and flre opilioll given by the Consulting Board ri 1 oroCanals, al d Ports.
INTEIIVLEN'T'ION OF' TUE GOVERNMENT' IN RAILROAIDS.
ART. 60. The Secretary of 'ublic Works shall decide all questions regurding the construction and opratiol of railroads, as well as the police of tihe same, and the comllpliancl with tihe d(cllltt of conlni
tions, including the schedules of rates for storage, loading and unloadiag, and transportation.
ART. 61. The supervision as to tihe mnaintenaInce and operation of the railroads appertaining to the Government shall be made through the Secretary of Public Works.
The Regulations and special instructions which may be ordered for the falfillnrent of this law shall determine the organization of the per sonnel devoted to this service, the conditions of efficiency which the individuals of the said service must show when they are not experts of Public Works, and the duties of both.
. RAILROADS DEVOTED TO PRIVATE USE.
AR-T. 62. Railroads devoted to the operation of an industry or to private use may be constructed without any other restrictfions than those imposed by the 11egulations as to safety and public health, provided that the works do not occupy or affect public property nor that there be required for their construction the exercise of the right of eminent domain.
Ar'. 63. The right to seize by eminent domain can not be. granted to a railroad included in the procedling article, nor the 6ocnpu;tion of State lnds; but public lands iay be seized and occupied in conformity with the General Law of Iullic Works.
ART. 61. When railroads devoted to the operation of an iindutr ,i or to private use are of such importance that they are capable of renderbeoi a o the State nJay
Jug public service, the occupation of lands belong to the Stat Iy be granted by means of a Law and the right of eminent domain.
ART. 63. After tihe concessions to which thile preceding articles refer has been made, the individual or company obtaining it may construct tile railroad and use it as be or it may deem best, with no further intervention oil thle part of the. Government t la tiat relatil to conditions of safety, police, and good government of property belongling to the public.
ART. 66. The individuals or companies who desire to construct ad operate a raihoad of those included in tile preceding articles, shall address their petition to the Secretary of Publio Works, accompanied by the plans.
ART. 67. Tihe Secretary of Public Works, for his information, shall request all the reports which ihe may deem proper, thie previous opin ion of tlhe Consulting Board of the Corps of Enginecrs of Roads, Canals, and Ports being an indispensable requisite. ART. 68. These railroads, unless otherwise provided for in a special Law, shall be granted by the Governmenlt for ninilety-ninll' years, whIenever the occupation of public property is asked for.
When the railroads ask fotbr thle declaration of public utility, it shii be the subject of a law.
Ap T. Under the munai f tralwiys are desig-nated, for the.
A.' 7f this rw, the r irads constructed on the public highlays.
A th r 7. The approval t t plans of itnivays which are to o cupj
th rids belotije, to the State or Prolvilce belogs to the Secreti,
of Public Works.
Tice Secirctar- of p ulic Works shll also approve, after lpop)er prj
cepliangs ill accordiance w it the Prlvillctial and 1uniipal Law, the pl ns of taim ways, the (delolnlent of which demands the shiniula.
atnds o'unt)ti(l of roads beloigilngl to the State or to the l'rovince
an of 311nicipal oeads or the streets of town s.
ARo 7. W eni t e train ways are to be constructed on municipal
roads.il the aproa f the pans shall tel mng to the Civil G;overnors, who. in order to grant it, bust hear the Eligileers in Chief of Rloads
of the 'ro. ices.
A Tr. 72. In all eases when the pIower to be used is other than animal
brie, tile aplproval of the of e d of s e tw belongs to tl Sece-m
tary of Publie Works.
A '. 7. The conces.sifuln of trailways belongs to the Sect-t1ry of
Public Works, wheni the works are to occupy Stat. higchroals of twO or lloreI'C Proviles, or shall silnultaleolslv Iavese igloals of the Statemtil highiwvasof the roimcesand o tufucialities afterplrol-t proceedings, in actor-dance withl the Provincial Hand Municipal laws i the last two cases.
AnT. 7L. \Vlhen the lraimways are to be eostructd on highroads which ar- (\t.1 i-ely in charge of on l'Onrvict c, or ttlhersiigr two or more 21uinicilpalities. the cOlcessioln belongs to the 'rovineial SDeputation.
Anr. 7-. l e cun infos I belong to the Municipal Council when the trailways occupy oads wicin are in charge of a single Ilmici!iyWhen tahey are e-se:tal to'i roads, it must be pireceild by the a .rovtl of the I iterimi Jelartlent.
AR,;% 7G. Tr; IlIIlwa. cot Ie 'csi)ll cann lin te granted for moe than six( ty yeals, alnd shall le subject to > a auction in regard to the ua/xillul sethl. Tof rates or to the duratioln o)f the conclession.
f 77. In tleh lIleulattns which shall be drawn for the .ompliance of lhe present ln-, the general conliitions to which traiiwoys must toetIrlil in elation to tihe te'hniceal conditions, as well as to the steps to be rtn in the grluting of the concession, shall be stated.
AIT. eocn oe doei e t special coldii tions which must for.
mEi te (of miles i of evic tlira\y, the special ..ndilions shall article reers are to govern ht ed general oies to which the previous niticI meres, arm- to gove--l iii nitter o' eulstruction aid op-ation.
ART. 79. The provisions of the present law shall not invalidate any of the rights acquir-d previously to its publication and in compliance with the thou existing legislation.
ART. 80. All laws, (leerees, and other provisions previously existing, which are in opposition to the present law, are hereby repealed. Therefore, we command all Tribuna s Justices, Chiefs, Governors, and all other authorities, civil, military, and ecclesiastical, of any class and dignity whatsoever, to observe and to see that the present law is observed, carried out, and executed in all its parts. Given at the Palace oi the 23d of Novemtber, 1877.
I, TI KoNG.
6, RANeIsCo QuiPto D LLo'Nso,
Secretary of' Public W orks.
Don AlfoAnso XIlI, by thile Grace of God Constitutional King of Spain. Know all ye who see and understand these presents: That in accordance with the bases approved by the Cories which were promulgated as a law on December 29, 187N; mIaking use of the authorization granted by the same law to my Secretary of Public WVorks; heating the Secretary of the Navy in the matters of his special conupetenee, and hearing also the full Council of State and the Consulting Board of Roads, Canals, and Ports, and in coUtormlity with my Council of Secretaries,
I have decreed and sanctioned the following law
PROVISIONS FOR TIHE PRESERVATION OF PUBLIC ROADS EXPLICABLE TO I AILPOADIS.
ARTICLE 1. The Laws and Regulations of the Administration as to highways are applicable to Railroads when their object isI. The preservation of trenches, drains, walls, buildings, and other kinds of works.
2. The rights (s'crritudes) for the preservation of the roads charged on the adjoining cultivated lands.
3. The serritudcs on these same lands as to laying out lines, constructions of all kinds,oplening of ditches, free course of water, planting, pruning of trees, working of mines, lands, plMaces for dumping refuse ore, quarries, and any other whatsoever. The zonem to which theserights extend is 20 meters onl each side of the railroad.
4. The prohibitions the object of w which is to prevent all ki ads damage to the road.
L A WV .
5. Probiiting the placing of hanging or projecting objects whief nay inconvenience or endanger persons on the road.
6. Prohibiting the establishment of deposits of materials, stones earth, manure, products, or any other thing which maty impede free transit.
PROUSV1I"NS FOR THE PRESEY OVATION OF ROADs WHIC l' FEl ESPECIALLY TO RAILROAS.
AnT. 2. Along the while distance of the railroad neither the entry nor the grazing of cattle -hall be allowed. If the railhrond has to cross at highway where cattle pass, the railroad shall always cross without changing or stopping the progress of the trains and in the manner provided f is a general rule for that crossing.
AnT. 3. In the future, in a zone of 3 meters on each side of the railroad, only fencing walls shall be constructed, but no fluaades havi ng owenings or projections. This provision does not refer to buiblings construction, before the promulgation of this law or the construction of a railroad, which nmay be separTated and maintained it the condition in which they are, but can not hle rebuiH. If it be necessary to demolish or change a building for the benefit of a railroad, the proceedings shall bI' aTcwding to I he provisions of Article 11 of this Law.
Anr. -1. Within the zone itmlieitted in paragraph 3 of Article 1 no buildings mnay I) constructed coveredd with that(h-li or other combustible mattinia- when the railroad is operated by mic;Ins o lIcortnotives.
An'. IlThe prohibition to es-tablish deposits of inmalterials, earth, stones, or anything mentioned in the sixth paragraph of Article 1, it the case of railroads, includes' 3 mers on eachtl side of the road as to ohieits niot indtlaumnableh andl 20 meters as to inllatable objects.
AUrT. The prohibition of the preceding artieie shall not be operative when1. The deposits o incotnlitbustible material shall. not le higher than the road, when the i; tncr is oil n o batklmient.
2. The deposits oft materials to be employed fin fertilizing and cultivating nlauds, mdI harvests during their gatheringt, are temporary.: but in case of fire due to the pa:ssing of locomiotiveg the owners shall have ) right to all indemnity.
A.RT.. 7. The Gyoernor of the Province may at ihorize. after hearing the Engineers of the Goverumtent and of the (Chm panties, the deposit of' uninflanmanable materials: but the authorization shIall be revocable at his will. Thie Governor may not authorize deposits of inflaninnmmable ma terials.
AUT'r. S. The railroads throughout their length shall 1)be fenced on both sides. The Secretary of Public Works, aft er hearing the (Jompany, in case there be one, shall deteriine for each line the matter in whict-h and timae when the teig is to )be m:uil. VtWhen railioads cross others
on the same level, gates shall be constructed which sh,.1 be closed, and only opened when vehicles and cattle cross, as provided for in the regulations.
PROV1SIONS AS To TtHE I'RECEDIING TITLES.
AIRT. 9. The distance fixed in paragral)h 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 embankinent ofraihlroads, from the upper line of the clearing, and from the outer border of the trenches. if there be no such lites, the measures shall be from a line drawn a meter and a half from t.lre-outside of the railroad. The Regulations will fix the miniintnum Stance from the stations at which buildings may be constructed or deposits established.
AUT. 10. The Sec-etary of Public Yorks, in special eases, may reduce the distances 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 regularity, preservation, and free transit of the road.
AnT. 11. Whenever there exist individual rights previous to the construction of a railroad or the puldicationm of this law, whiclh 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 est: lidhd in the Law of July 17, 183;, shall be observed as to forcible condemlnnation by reasonof public utility, and also thile provisions of the Laws of 'Public Works and the regulations issued t'or their executionu by the Administration.
OFFENSES OF OWNERI.S OF CONCESSIiONS AND LESSORS (OF RAILROADS.
ART. 12. The owner of the conc'ession or the lessor for the operation of a railroad who shall not comply with the general do':umenr of con(litions, or the special ones of the concession, or the resolutions for the execution of these clauses in everything referring to the operation of the line, or of the telegraph, or as to na\'igation, or use of all roads or free course of waters, shall. incur a fine of 250 to 2,500 pesetas. ART. 13. The owner of the conesssions, or tle lessor,shall also be obliged to make amends for the errors and.damages i-autsed within tihe tine fixed; if he does not do so the administration shall do it, demanding f-on him the amoutint of the expenses and attachig the earnings of the stations.
ART. 14. The owners of the concession, r lessmrs of the railroads,
shall be responsible to the State and to individuals lor damages caused by the Managers, DirEctors. and other employvvs in lithe service and operation of the railroad and telegraph. It' the raloadl is operated lby
thei State, the State shall be subject to the same liability in regard to individuals. Let it be understood that what has been stated in this article is without prejudice to the personal liability 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.
Ai. 15. The Department of iPublic Works, without intervene g in the appointment of the employees of the companies for the service of operating the railroad, may require the company to dismiss the employees whmin it may consider dangerous to the saifety of passengers and thie maintenaiince of public order.
TIRANSSGRESsIONs AND CRIHDIES AGAINST THiE SAtFETY AN]) I RESEI V.ATION OF RAILI OADS.
Ain'. Any one willfully destroying or damaging a railroad or placing obstacles on it which shall obstruct the free transit or cause the derailing of' a train, shall be punished with imprisonment. In ease the train has been derailed the imprisonment shall be in the penitentiary.
AlR. 17. In case the destruction or damage is caused in time of rebellion or sedition, and tihe autlors of the crime do not appear, the principal authors or leaders of the sedition or rebellion shall incur the penalty imposed in the lprevious article.
ARzT. 18. The ])rovisionms of the p)rcccding articles shall.be understood to l)be withoimI prejudice to the civil and criminal liability which the guilty parties nuy incur, for crimes of l homicide, wounmids, and injuries of all kinds which may occur, and for those of rebellion and sedition.
Ai 19T. \. Wlen two or more t)naltie. concutr, the Judges and Courts shall impose the greater in its maxiiumtu degree.
ART. 20. Those who threaten the commission of a crime included in Articles 1; and 17 shall be punished with the penalties provided for in Article 107 of the Penal Code. The scale therein established shall be observed, but always imIposing the muaximumn degree, and, when the 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 Regntlations, causes in the Rlri'oad or its depmemldencies some damage which may injure persons or property, shall be punished, according to Article 581 of the Penal Code, by reason of gross negligence.
Ai'. 22. The engineers, conductors, brakenien, 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 withi thle same penalties. 13ut if some injury is occasioned to persons or things, they shall be punished with the penalty of correct tional imprisonment or millIor ii)prisoinment.
SART. 23. Those who interfere with the railroad emiiployees, while performing their duty, shall be punished with the pen.dlies 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, tle Regulationls of the Administration, and the 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 circumnistanlces 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 ease of recurrence of the crime the tine shall be from 30 to 300 pesetas.
Acv. 25. Those not paying the fine imposed upont them shall be liable to exee'u ion against the person, according to the provisions or Article 5(.i' the Penal Code.
ARIT. 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 iod which mayi have been made, and repair the damages occasioned in the Railroh'ds. The Mayors shall lix a time for the performance after hearing the representative of the Administration of the Railroad or the Colmpany itself. if within thie time fixed this shall not be done, the Government shall do it at the expense of the party who may have disobeyed. In this case the collection of the expenses shall be made ill the same manner as that of taxes.
ART. 27. Those who commit crimes punishable under this law shall
be tried in the ordinary way, whatever be their right to other trial.
ART. 28. Those who have only incurred a thl shall be excepted from
th provisions of the preceding article. For the imposition of the fines
the following rules shall he observed:
1. The right to inform belongs to the people.
2. The denunciations shall be made to the Municipal Judges in whose
districts the trausgression was committed.
3. The proceedings and steps in these actions shall be tihe ones provided for in cases of comnuon transgressions.
4. The testimony of those in charge of the management of the road
and the sworn guards shall be sufficient, ekeept when there is evidence
to the contrary.
5. Municipal Judges shall see to the fulfillment of the penalties
imposed in these eases.
ART. 29. The penalties imposed on the owners of the concessions or
lessors of the railroad in the eases mentioned in Article 12 may onlybe imposed by the G(overnors after hearing the interested parties, the Chief
Engineer of the Division, and thle Council of Adniistration which hears disputes. The fines impostd by the Governors on (ie ow ners of concessions or lessors of railroads shall not be renitted except by the Department of Public Works, after hearing the Council of' State.
Therefore: We command all Tribo ials, justices, Chiefs, Covernors, a:l all other authorities, civil, military and eculcesiastical, of any ars andi dignity whatsoever, to observe and to see that e pesnt law is observed, carried out, and exea ted in all its parts.
Oven at the IPalace on the 2:1d of Novmber 877
QUElIPo DE LLANO. ecrherg of"Public ]Works.
RELATIONS FORI TI EXNElI 1ON OF T' IAIL RAI) LA\ OFI NOVIE.E lER 21, 1877.
C(IIA T1;ER 1.
.}.FORMALITIEs NEC1SsVARY O Ti DECi LA KAXTION (OF GENERAL L sL
- -' ICE OF A RAIHOADI) LINE NOT INCLUDE IN THi PLAN OF TI11E
ATrICLE 1. The lines of general service, constituting the olai of this
class of works* having been fixed by Article 4I of the Law of Hailroads, in order to 1a1ke any change in tie said plan ilh formalities expressed in the sAid law and the provisions of these Recgulations mIust be ciomplied with.
ART'. 2. VWhenever it may be deemed necessary or con venient to add
a railrilad line to the plain, a preliminry plain of the sam mu -t 1he made, in conhinplity with the provisions for such cases of Arlicle 9 of the 1egulationi of July 6, 1877, for carrying out the Gen'oeial law Af
This preliminary plan shall consist otf' thie allowing docuimets:
1. An explanatory men oriial. in which a general description. of the
works shall be made, ailde coinieie of the iue and the i utility of the railroad, the (onstruction of which is to be of gelncral interest,
shall be shown.
2. A general plan and a longitudinal proitle, which shall show the
direction to be followed by the line and shall dlemonstrate the plossibility of its realization witrhilt the tch :icl coliditiois- aecyptablc in
this class of roads.
3. An estimate, as near as possible, of the cost of the railroad. including the rolling stock necessary for its- operations.
4. The principal items of the schedule of fa es and freights which
are to be adopted. for the operation of the work; and
5. Statistical data as to the probable business t' the road whic. it
is proposed to construct, so as to be able to judge of the advantages
to lbe derived from its costru.tio.
The preliminary plans shall be drawn subject to the existing instructiois or those ordered for the putpose by tbh General Direction of
Public Works, Corniieree, and \Ii e
ARIT. 3. Vhen the initiative t iili ;t ;le in ihe ( pl'!i omes from
the Governmenut, the Seciary of 'uttdi' Works shziHl oiler that the
C. 1A, l N cIsco
preliminary project to which the preceding article refers be drawn by the Engineer or a Board of Road, Canal, and Port Engineers, which may be bfor the purpose designated, the General Direction of Public Works, Commerce, and Mines issuing the special instructions which may be considered proper.
The said initiative may come also fron a municipal Counet-Provin. cial Deputation, or any other offteicial corporation, and also from indlividuals or companies who are interested in thie construction of the line,.us provided for in Article 2S of the Law. In this case the interested cirporations or individuals shall present to the Department of Pulic Works a petition accompanied by the preliminary plan and the documents referred to in the preceding article.
In all cases where the declaration of general service is asked for, the petition shall be published in the Gazette and official Bulletins of the proper Provinces, granting a month for the presentation of petitions by other private corporations or companies which may ask the same declaration in their favor. Those wishing to make use of this right shall present their petition within the time fixed, accompanying it with the proper prelinary plant, in order that the proceedings provided for by Article 2) may be followed.
Annr. 4. The preliminary plan or pldas admitted shallbe submitted in the report provided for by Article 28 of the law, to which these Reg ulations refer, and the tenth of the Regulatious for fithe construction of Public Works.
After this florniaity has been complied with the paers shall paSs to the Consulting liad of lRoads Canals, and Ports for report as to the technical part of the work, as well as to the propriety of the declara-. tioi of general service and as to which iof the petitions should be prefered.
ART. 5. In view of the results of the proceedings mentioned in the preceding articles, the Secretary of Public Works shall decide as to the propriety of the declaration requested and as to the preliminary .plan which should be preferred. If the decision be in the negative, the matter shall be considered ended without further action, returning the preliminary plan or plans, as the case may be, to the corporat-ions or individuals who may have presented them. If the decision be favorable, the Secretary of Public Works shall present to the Cortes the proper form of Law, aeeompanied by all the documents relative to the report and the prelininrty plan which shall have deserved the preferece -.
The law having been lromulgated, the line slihall be decl ared of genernl service, being includeil in the general plan of railroads of this class, and considered as of public utility for the purposes of the law of eminent doarin all ill conformity with Articles 5, (, and 7 of the Special Law of Railads.
ART. \When the de-lar'atir of ge-'ral service shall be asked for
in favor of a line devoted to the operation of coal or iron veins, the proceedings indicated in Articles 2 to 5 of the present Regulations shall be followed; but to the report, referred to in Article 4, shall be added another of a expert, in which the engineers of the branch and the Superior Expert loard siall be heard as to the importance of said mineral veins, as provided for in Article S of the law.
A similar procedure shall always be followed when it is a question of projected branches or important industrial centers, hearing in these cases the Deputations and the Boards of Agricultuire of the int-rested Provinces andrul the Conm'il of Agriculture, industry, and Connerce.
CONSTRurCTION o0 Amloi AUS Y, i'; S IA'IT.
ART. 7. Whenever the Government shall consider it necessary or proper to proceed with the conistrnetion of a railroad declared of general service, with State funds, aind by administrative mietlhods or by thre usual contract the Secretary of Public Works shall appoint an Engineer, or a Board of load, Canal, and Port, EIginieer >, \ Il shall make the proper phlans according to tihe provisions of Arte 57 of the
iThe Engineer or oanrd appointed fior the purpose shall, above all,
make an estimate of tihe' expenses occasiomed by the plans, according to Article 4 of te egulatios fi' the execution of the rLa or tie Works, complying with whIat is prescribed in said article as to the
approval of the estimate.
A'r. S. The documents which shall constitute all railroad gilaus
which the Goverlnmint may irder drawn shall le those stated in Article G of the Regrilationis or the execution of tie General Law of Publie Works, and shall be drafted according to the following provisiois:
1. The memorial shall include the description of the line and of the
works or greater importance, the number, elass, and situations of the sttins, and a plan of the laying out ot the lines and levels, with a
statement lt of the curves of the lines.
2. A general plan and lohngitudind profile of t1he line as well as the
1)las aid profiles by sections, aid in case of buildings inchildedl in the .project there shall be added all the necessary details and notes to give
a complete idea, or the plan. ,
3. In the document of conditions a description of the works sball be
made, and tie requiisites shall be stated which the materials employed in said work mst have as well as everything relating to manual labor
and empioym-ent in tie works.
4. The estimate shall ontaL the details of' enhic mneasmement, the
prices of the work to be dne, and other fats necessary to show the
total cost of ti ra .ilroa ll.
All these documents shall be drawn a cording ti the ftrrrs usedt .r
Sdrafting railroad plans, or according to those provided for in the fitur, as well as those general rules of the service and special instructions which lhe General Direction of Public Works, Conmmerce, and Mineiis je may deem it proper to order.
ART'. 9. To t lie said documents imentined in the previous article, which are those constitutilii the plan in its technical part, tht followiIng shall be added: .
1. A detailed slatemnent of' the material which may be necessary for the construction and III ration of the railroad.
2. A detailed schedule of the mi:,ximnit passenger and freight rates, with instructions giving the proer rules fIr the application of the schedule.
3. S atistical thets as to the probable bu siness of the proposed railroad. culating, in vew of su.ch1 facts and the application of the schedule, what profits shall acrue froin tlhe coistructioun of the work. For diifting these documents the existing provisions, or those ordertled ii flt future for the p1,urojI y the propr Genral )irectMio. shall be talten into ietolni.
The plain fall Ilso In: accompaildl by tei docinlit of social anid economic conditions riferrei to. in No.: of Article 17 of the Regulations of' tlhe 6th of July. 1S77. and should cottain all the lirovisions therein stated.
AR'_T.J10. InI ca-se the pIrovi re or towns interested in thevonstruction of a railroad shall oblige the'sel-ves to hell) thile State, sharing with it Ithe cost of construel ion, there
AITI. [Te S e rtaly Publc Work may "ubNit fr tie report of the Crioraltiots-whicl he any deni coimnpletent the plan and dot-n nintls retired to in ithe plevion iititles, liut on ond ition of always hearinigl.. it' 'totisull g l oal d of louds, ('antls. and Ports.
These frlalit io being c"inpli.d with. thli plan may be atpprovetl iy the Gov( rlnment. '
A:T. 12. The plan of a rlihidil having been applro. the poper ltornm ot law shall he jlest:ied i t, the (orte-, :skiiig ant horizatiin-lI.or the construction of tie line, as pluided tor in Article 10 of the Law of Novemier 2:. lS77. Sai",ld legislative authorization livig. been obtained and funds hitig lien aipprowpriated for the purpose, the construticon of the line shall be proceeded with according to the plan and the technical economic cnitions annexed to it, anid according to the pronvsios o Articles 14t to 1 of the IegulatJiMs fr the x(:ecuttiOll of the (General Law of Ilublil Works, the towns ail provinces interested, in the proper case, being obliged to play ith' State the aid which they imay have oil-rest.
A iT. 2. The construti in of a l ie i eillng liNislhed. it shall b deIeir-
ined by the Governent if the operation of a railro,,t shall be by the State or by contract, in view of thet provisions for suma eases of Article 97 of tie (General Lawv of Public Works of April 11, S77. and 53 of the Law of November 23, of the same year. If' the work is to be by contract, the contractor shall receive the earnings according to the schedules atq'oved fi the use and operation of the raihoad, dutriig the imnt which shall be st iphaited, and shal deliver every year to the State a sun as cominisUation for the expenses inctrredi in the construetion of the line.
The contracts shall always be made by public bids. which shall refer to the most advantageous annual payment to be mde. as provided for in tie last lparagraph.
"iiT. 1-I For the lease of the q operation of a railroad constr'ucted by 6 StaIe. Ihe prop'r document of conIditions shalt be carried out whieh shall be aplroV\id by the Secreliary oIf Publie Works, after hearing the Consulting ]Ioard of R1oads, Canals and Ports. In the said documnt there sih;, he stated:
1. The annual sut to be paid by the contractor, whith is to serve as the basis for Pthe lAids:
2. The nuinber of years during which the contractor is to enjoy the recipts of the earnings ixed iin the schedule;
3. Thet rolling stock which is to be usedl in the operation, wh.,%vcr it is stipulated that the stock is to be taid for by the contrat:tor and not by the State:
4. That the uii nitfe na e amd repair of the we Lks of all kitisl ant of the rolling stock shall be at the expense of the contractor during the term of the contract;
5. That the cotracr is bound n t t o interrupt flit service unless by reason of frct'e maiue, and to deliver the road int good condition for service at the expiration of the cotract, a simnihlar declaratiaon. if deemed p'oper. being made as to the rolling stock;
6. Tihe causes ;or resissihn of the contract, and the coise lut'es of that rescission; and
7. All the other provisions considered proper, as provided for in
such cases by Article 51 of the .Iegulations of the th of July, for the execution of the G(eneral, Law of Putblic Works and in Article 2A of
the same Regulations in cascs of' concession.
CONSTRUCTION AND OPEIAT'I'ION OF TOinntu..ltSY Co0(s'IONs 'to
II:)1. tAL CMANL S WOi OtPAONIS tUT SIt Y it On AID OF' PtUIAC
ART. 1. The liues of general service, the plais tof which ma. have
been studied by the Go vernmeni, may be cons'tracted by granting concessions to indiiid-ul or ,llmpanies, in coliorimlity wvith ithe provisions of the (Geneii Law of IP'uIlic W 'orlks atind Chapters 2 and 3 of the
1 regulations for its execution, according to whether the lines be con. struicted without any aid whatsoever, or with thle subsidies mentioned in the law of railroads of Novemnber 1877. In Ihe construction of a railroad by concession, the general conditions fixed or which numay in the future be fixed shall govern, as well as the technicd conditions forming part of the plan and the speciaIT d eco noinic coniditiOns whi'h nay be stipulated in each ease. Those donl-' tions undetermined i the general ones, shall be numade special; also thie scliedule rates, the dates on which the work is to begin and end, thh amnumit of bond to, be givN, and the other special clauses which lin a be determined on for the granting of the concession.. A T. 1 The stu dy of a line declared of general service may be nma lo by individuals or companies. provided these shall petition and obtain the superior auth orization which is required for that purpose by Article 5s of the Law of November 23, 1877. The authoriztion shall be granted with the fornimalities stated in Article 09 of the same Law. and in 21 of the Regulations of the Gen. cral Law of Publie Works.
The plIns which may blie Inesented by individuals shall consist of the same docum ents, andl be drafted in the samine fobrn,. as thomsc meltioned in A tiles S and 9 of thle present regulations for Iailroads constructed O l a'(ouut of tile State.
AR. 17. The ind iuls or companies who ask for a concession of a line declred of general service, without subsidy, shall present to the Secretary of ublic 1Works a petition, accompanied by the compilte phn of the r iald. drawn according to the provisions of the previous ar'ti-le, ald by thi' document showing that the deposit of one per ce(nt of the ilI"iat of the estunate ms beein ilaile. The plani being liu es'nted, the pei ition shall be lbilished in the G(aceta dc Madrid aind in the official IBulletins of the interested Provinces, granting a time of thlirty days, which can not be extended, for the admission of other Ptitirins lir colcessiois which may le better thaun the one presented. according t to thie lovisions of xiticle 6 ;i the General Lawof Public Works.
Aui'. 18. If tihe time fixed in the previous article has elapsed, and no other niew plan has been submitted, thalt of the petitioner shall be sent to he 'llginleer in C'hi'f of the proper D)ivisiMon, so that hlie may coiparei i n the g'iul aiIl report as to the plan of the line. The exlpe,'e of the comparison shall be: borne by the petitioner, -who must deposit the alollilll, ill thle l'rovinxiial Treasur y, as is provided for in Article 21 orf the legiilations for the exeetutit of the ( General Law of P]uldik Vorks.
After the' prOject hlas beer; returned 11 the Engineer in Chief. it shall be submitted fobr tihe report provided for in Article 24. and afterwards passed to thie Con.-ulting' loai,1 of loa:tds, (Janals, anr Ports, whose opinion shal not only refr to thie technical part of thelan but also
to the examinuatio of the proposed schedules and otner circumstances, which are to be taken into consideration in grating thie concession, as stated in Article 26 of said Regulations.
ART. 19. If, after all the steps are taken, it be necessary or advisable to modify the plan, either in its technical or economic part, or in the conditions under which the concession is to be made, it shall be returned to the petitioner for hiin to make the proper corrections within the time fixed for the purpose, or for hinm to withdraw his petition if it be tot convenient for him to modify his plan. WYhen the interested party shall not be satisfied with what is finally decided by the Government as to the points in controversy, the plan ki.11l be considered abaidoneid, and shill be returned to the petitioner, uog'etUher with the deposit which may have been made.
Au'r. 20. In the case to which the preceding articles refer, namely, when it is a question of a petition for a concession without subsidy, and for which only one proposition shall have been presented. said concession shall be granted without the foirmalities of public action; but always by means of a Law, as provided for iii Article 27 of the Law of Railroads.
To this end the Secretary of Public \VWorks shall present to the Cortes the proper form of Law, acomipanied by all the doncuients mentioned in Ar ticle 25 of the Law of November 23, 1877. and in tihe corresponding articles of these Regulations.
AtUT. 21. 'T'he law to whihl the preceding articde refers being pased,
and the bond of 3 per cent of the amotunlt of the estimate being depos- .
ited within the tiie fixed by Article 16 of the law of Railroatds, there shall be issued to thie interested party, or to the company which may have solicited the concession, the Ioper instrument, imtking the contract a public document, and including in it, verbatim, the document of general conditions, the special law of concession, the special and
economnlic conditions, and schedule of miaxilnmuml rates.
)During the nmnber of years fixed by the law of eOnctssion, which
shall not exceed ninety-nime, the owner of the conei'ionI maiy operate the road and eijoy the privileges and exemptions mentioned in Chapter iV of the Law of Railroads, as well as the right to seize by eminent domain, according to existing provisions. the lauds and buildings
necessary for thle coinst'ruetion of tihe' work.
ART'. 2 The owner of the concession shall proceed in the construetion of the work acording to tie conditions or'the concession, aid uler the inspection which appertains to the (Governmynt agents, as determined by the General Law of Public VWorks and Article -10 of the
Regulations of July 6, 1877.
During the constiruetlion no elichan.ges or miiodilieations mlay be introduced which shall not have been duly authorized, after reports of the Engineers in charge of the inspection and super isiom ;' the works and
the opinion of the Consulting Board of I0oiads, CAnals. and Ports.
The bond of 3 per cent shall not be returned to the owner of the
:on.csion until ihe shall show that be has work compleIted of a value equivalent to a third of the amount of that embraced by toe couces.
sion, as provided for in Article 17 of the Law of Novemwher 23, 1877.
A':r3'. The wiork being all conlued, the owner of the colcessi n
shall m ial:e, at his own expense. withthhe assist:lwe of the Goveraul.t Engineers, the survey alnd detalI:d plan of the railroad and all its appurtenances, drawing also a descMitive plan oif thestalions. bridges.
ituildings, and const ructioni which may have been mn:iade.
Of each of the doonument-ts and phlns mentioned in the preceding
paraaph, and of the n)tes of the surve, a copy )pro1erly legalized shall be delivered by the owner of the concessioni to the General ])ir o tion of l'Publie Works during the lirst year of the opelation of the li.ne
or section of the line to wil-ilh they refer.
A 21. A railroad, or part of it, shall not be placed in operation
without the authorizationl of the Secretary of Public Works, a ter report on the examilltion of the work and construction material, drafted by the governmentt Engineers charged with lhe inspect ion. aid in which it shall be declaved that the railroad nmly be pen to flithe public. Said report shall be sent to the (Government by the Governor of the 1ro>er Province, with his own repolat.
AnT. 2-m. t ni Colpnies ownlillng concessions shall operate the railroads during the years fixed by their concessions in conformity with the ,plrovel schedule and according to thei conditions which may have been stipulated for its aipljieation.
The sal comalpnies shall draft the necessary lH'gulations for the good services, adilninistration,. andl operation of their lines. submitting the 1 regulations to the appiloval of the Secretary 'ofi Publi Works when they a ,i-c tih .-:lfnty of the olceration or the regions of the public to the COmiptaies,.
Thei owners of tile conces.sions are at liberty to choose, without any other restrictions than those imposed by existing provisions, the personnel of all classes for thie construictio and operation ;f the lines, as well as th.: or allizatio of this Personnel, and everything pertainin. to the internal government of tie companies.
The Secretary of IP'ublic Works shall exercise through his agents the inspection and supervision which belongs to hinl by law, not only as to the exprt. but alms as to the admiNistrative sum-rvision, the compiles owning coc.(os ,lis ompiying with the orders which the said agents shall communicate to them within the scope of their authority and according to the provisions in sut: cases.
ART. 26. Th- conmpani-s shall he obliged to keeq) in good collitil the railroad and its appurtenances. so that travel way be constant,. easy, ald safe. All the eXplns.s f-'r maintenance and repairs. ordinary as well ais extraordiary., shall be dt-trayed b- the :' ( pall ies. The railroads shall be consid(hed atl ,.rld 'or like other ptbL,
roads, and the trackmen wiho shall be named by the companies owning concessions may use tihe same amis and enjoy the same privileges as the road repairers (peone. cowtminers) of the highways of the State. hn order that the sad tractkmen may be entitled to claim these privileges, they must wear thie badge ag''reed on by tihe companies, which they are to use while performing their dut ies.
A'r. 27. .Whenever the Coverntnelt may eonider it proper to revise the schiedule in conformity with the right which is given it by Article 49 of the Law, it shall proceed. whatever may Ie the change intended, to an investigation, in which there must be heard wiMhout fail the coim pllany owxning the concession, or thie 1oard of Agriulture, manufacturers, and Coimerce of the Provinces traversed Iy thle railroad, or the ljeputati ttlyj, of th same, t lie En gi ieer i.n Chief of the Divisionm the Governors, the Consultinog olard of Ioads, and thile Superior ouncii of Agriculture.
After the investigation has been concluded there shall be Or'dered, in a proper ase. by means of a lRoyal )Decree the reduction to Ibe made in the schedules; and. if the company owning the concession does not consent to the reductionll the Secretary of lPublic Works shall silluilit to the Cortes tihe pope form of Law to cIIarry t ie reduction into effect. and to determine the means flor guaranteeing to the owner of the concession, the earnIings of tile year p recdillng the re\iseio1 I( the pr gressive increase of the receipts. which the railroad maiy have had il the five years which terminated with said year.
AIZT. 28. Besides thlie case- of Orfe oriture provided for in Articlc 36 of the Railroad Law there shall be also those dtermlilli by th e Slpeliil Law of concessin, and by Article 61 of the General Law of Public Work'.~
Au''. 29. For tile pIturpses of Article 3; of the L ihe following shall be considered cases of force majeure:
1. Floods or rising of rivers whenever they are greater than those that by tradition, or in any other trustworthy natilelr', are known to have occurred in mre or less distant elpochs.
2. Fires oceasiioned by the electricity o the atiospliere.
S5. The sinking of the earth and landslides, where the work is construeted or to be coIstruncted, as well as t he lreaking t If great blocks or masses of mUntains, or extinordinary saysbahs.
6. The destruction caused in time of war by helligeiet forces 01r those occasioned by sedition of the people.
7. Robbery by mobs and violent destruction. And
8. In general those extraordinary accidents, the cldeis of Nwhi arec evidently irresistible.
ART. 30. Whenever the owner of c concession shall ask for an e: ,io sloi to finish the works of his ,nneecsion, based fn ,monge-. prodn: .-d
by an unforeseen accident, hlie shall address himself to the Seeretary of Public Works within the period of twenty days. which canll not be extended, counted from the date of the occurrence, stating the damages which have occurred or injuries occasioned, the causes to which they miny be attributed, thle means employed to avoid the damages, aid lhe tine wh ichli, in his judgment, shall be required for the repairs
After hlicariig tlhe Chief Eugineer of the Division to which the line belongs anid the Railroad Section of the Consulting Council the Sere tary- of Public W\orks shall I draft ai interroga tory, So that it shall ser as a basis for the investigation to be made of the thct.
In this investigations the Provincial l)eputations, the Municipal Councils of towns in which the damage may have occurred, thile Chief Engineers of tl san1n Provineo and that of the proper Railroad ID)ivisihm shall be heard.
'The proper Governors shall direct the investigation in w'hatsocver refers to their Provinces, and after it has been concluded the paper shall be sent with their report to the General D)irection of Public Works. Coniierce, and Mi3ines.
The sai papers shall afterwards pass to the Consultiiing Board of Roads. ('analds, and Ports, so that it may report as to the declaration of unavoidable accident and as to tile petition of extension made by tlhe owner of the coiccssioln.
fThe full Council of State shall finally be hicard in conformity will i the provisions contained i, paragraph I of Article 36 of the Law of Railroads.
ART. 31. The provisions of the preceding article having lbeen com-i plied with, the Secretary of' Public Vorks may extend the time fixed in the Law of Concessions, bearing in mind thle provisions of said Artile 3d of thie Law.
Similar proceedings shall be instituted when the owner of the concession shall desire to avoid forfeiture because of the total or partial interruIptiolt in the operation of the railroad by reason of unavoidable accident or of force noaiure; the request, in such case shall be passed upon by lihe Secretary of Publie Works.
Aiu 32. The proceedings tor forfeiture of a concession may be contmenced by the Secretary of Public Works on his own initiative, *or by virtue of an appeal of the Chief Engiieer of the Div ision, the Deputatioll, the lBoard of Agriculture, Manlufactures, and Coimierce of any of the interested PIrovilces, or the Governlors of the same.
The ofii'tial or corporation which may consider that there is a ease of forfeiture, shall address the Seret~ary of Public Works in a ininmorial, givin,- the reason on whi:hi the appeal is based. This petition shall be passed to the owner of thile concession, so that hlie may answer the charges, ald afterwards, on this basis, an investigation shliall be inmate ile by the Governors of ti interested lPro iice.s in which the authoirities and corporations mentioned in thle first paragraph of thle present article
!shall be heard, and, lastly, said authorities shall bm.nit the result of their in-vestigatiion to the Secretary of Public Works.
The papers shall again be passed to the owner of the concessionll, fixing a time, which call m]ot exeed thirty days, for him to state whliatever ihe may consider best in his defense, after which the Consulting Board of Roads, Canals, aidl Ports, and the full Counmil off State shall be heard.
In view of the report, if it 1e proper, the forfeiture shall l delayed by the Secretary of Publie Works. The owner of the concession milay appeal from this decision. according to the provisions of Article 3t of the Law of Railroads.
Am'r. 3:. The consequemes of thle delarat ion of forfeiture of a rail.: oad line shall be those specified in Articles .7 to 4i, inclusive, of the Law of Railroads.
SWhen a colcessioln is finally deela'ed forfeitedl, in order that the said
provisions shall take effeltt, the Eugineers of thel State appointed by the Secretary of' Publie Works and the experts appointed by the concessionaire shall proceeds to I lhe contradictory surveyand valuation of the work constructed in the line, thile material collected faor the s'ame, the rolling stock devoted to its operations, as well a. all kinds of luihlin-S and appiurtenances. Tlhe sumvey' and evaluation shall be adjusted to the rates ofet the estimate which ai-companied thie plan of the rmll. and a memorial explaining tlhe operlatios mnd(le shall be added(. stating tle condition of the work and material at the tilime thie appraisal i, l hand the real value, if they lihave suffered any damage by reason of age.
or wear or by defects of construction, as well as the pl:ns of the road, and of all kinds of buildings and worlk. Should any diflerenef' of opinion about the appraisal exist between tlhe State Euineers and the representatives of thlle ompany,. each part shall imake a separated, report, stating the facts about which therIe is aly difference aud the grounds
The opinion of the Consultig Boari of RoadIs, Canal- and Ports
shall be heard afterwards, as to tihe survey and valuation, and as to
the claims of thie interested )party, in tilhel' prope ease.
ART. 3. The valuation of the works anl materials, made in confbrinity with the provisions of the rc eding article, and duily approved afterwards by the Seciretary of Public Works, shall serve as the basis
for the application of Articles 3' to 41 of the Law.
From the final aillount of the nppritsal, the bonl, Or part of it,
returned, at the time of the declaration of forfeiture, to the owner of the concessioml, shall be deducted, according to Article 60 ,X thl ;elneral Law of Public Works, and Article :5 of the Special mLaw of Railroads. The expenses of the appraisal shall also be deduct-d, and the remainder shall be the basis for the auction referred to in the articles
mentioned of the said general law.
ART. 35. At the expiration of the time of the concession the Gov. ernment shall take the place of the company owning' the coinession, w'ith all the rights of property to the Iids and work mentioned in the said statement or plan, referred to in Article 23 of thed igul a ions and shaHl immediately enter into possession of1 the railroad, together with all its applrienancees anod earning..
The company shall be obliged to deliver, in good condition fo-strvice, the ailroad and its apptl)ortenances. suchi as stations, whurvesd, store. at the starting and terminal points, guard aid watch houses. olilce, et: It shall also he oblged to deliver, in good condition for service, thlh rolling stock in the minimum amount determintied by the Speial ondi tons of the concessin,.
A ur. 36. Tw\o years before the legal termination of thile concession th. Smetarv of Publlt Works shall alptint an Enginetr or a Co(nis sion of 'Engineers to make the general examination of the line and of all its deluendenties as well as of the rolling stock of all kinds antI other material whihel the owner of the concession is to deliver to the State, according to the treceding article. The Secretary of Public Works shall be immediately advised of this examinttio;i and in vi'ew thnrlof shdil order whatever is necessary, so that the work, building lnaterials, and other appurtenances shall be in go)d condition on the day when the owner of the concession is to imake the delivery. If the owner of the concoesioi refuses to obey the orders o('iinmutlnitted to him. ilhe Secretary of Pblie Works shall order their execution at the expense of thei company, e en if for that purpose it shall lie uceessary to attach the earnings of the raihload.
AiTI. 37. Oil the day of the expiration of a conession, the cotpa my owning Ithe eontession shall make formaln delivery of lihe road, its material and t alp rtena es. artording to the stiiltlated condition, to 'whomsoever the Seretarvy of Pulie Works shall appoint, with a detailed inventory, atnd according to the special instructions in the prneise.. A inemoranim ti ofthe delivery shall be drafted and signeild by the representative of the Ser'etary of' Publie Works and the coucessioniri-. Th'l'e document shall be forwarded to the Seretiry of Publi Works, witthouttt whose approval the delivery shall inot be ctonsidered valid. Said approval shall only be given after hearing- the Consulting lo:ard of Roads, Canals. and Ports.
At:t. :1S. The mtnorandtumin of delivery being approved, the road, wih all its aititeNiatneus and material. shall pass into full possession of the State. its opteratiotn Ieing carried on at the expense of the State and( under the Secretary of Public Works.
If the Government should deede tha t th e operation is to be made by contract, the provisions of Articles 13 and 14 of these Rlegulations shall be followed, the company whose concession has terminated being lte erred on equal eoilitions, if the said eonlpaty shall see lit to inake use o' the right contierred upoi it lby this article.
ARTr. 39. If, within the tite fixed in Article 17 n the present Regulations, one ortnore petitions for concessions have been submitted, an examination on the ground stated in Article 18 shall be made of each plan admitted, as well as the investigation provided for in Article 24 of the regulations of the General Law of 'ublic Works. This investigation shall be enlarged so as to coellipare the plans submitted, ill order
to ascertain if any one deserves the preference.
The Consulting ]oard of Roads, (Canals, anid 'Ports, and the Departinent of1' the Interior of the Council of State, shall then make a report there of lihe preference to be given to one of the plans in competition, bping determined by a itRoyal D)cree, so as to grant the concession requested to its author, and to return the plans as well as the corres.pondinig deposits to tfl, individuals or corporations which presented .the saue.
The proper law hav ting been pronuilgated according to the piovisions of Article 20 of these Regulations, the subscriber of the accepted proposal shall be declared the owner of the concession, after he lhas made the deposit o' the bond of 3 per ceni of the estimate within fifteen day., counting frmn ithe date in which thle oet r granting the
right is communicated to him.
AiR. 40. 1' it be iotund fron the iovestig atitns, in the opinion of' the
Secretary of P'ublic Works, thlai among the best plopositions of petition for the concesion of' a railroad line, lth're is an equality of condi tions in two or Iwo e of the said pr'Ol-itions. the conessiols shall e made after the bidding at t a public a action, in which the first plan ple-sented shall serve as a basis, provided its audithor shall be satisiedI with the changes he may have htad to make according to the povisims of
Artitle 19 of thse e'gulat ionls.
If he shoul tilail to agree, the plain which is to scrve as a basis for
the an'tiont shall be designated, according to the provisions for such cases of Article 1 of ithe Reguilations of the G;eneral Law of P'ublic
A I. 41. The plan which is to serve as a basis fior the hddtlih: eing
determined, and before 1resenutig to the Corte the iorm of Law oft the concession, an appraisal of thie plan shall be made, complying in all respects with the provisions tf Article .35 of the liegulations for the
executim of thile (Genieral law of P1'ublie Works.
This forna lityv being'complied with aitnd the hlaw o' concession being
promulgated, the atiction shall be advertised for three n th;. At the auction not only the subscribers t o the proposals presented and admitted may participate, but all those who may desire to do so uand show a certficate of having deposited 1 per cenr otf 1h anioi(t of tihe
The proceedings to be loilowed at the auQtiol shall be th i same its
those plovided r in \ticles 3W. :3. and 3S of the regulations, the General Law ot 'Wublie Works, the concession being declared granted
prto the bidder offering the best terms, with the understanding that the
subscriber of the plan which has served as a basis for the auction is to Shave the right to collect from the auction sale the value of the said pl; t I.
A 'r. 42. 'Tlme concession being approved, the owner of the con(Cession
shall deposit within fifteen days from the date on whicil thie decisionn
of the i' action shall be communicated to himn the bond of 3 per Ceot ofthe amount of the estimate which served as a basis for the amnetion. To this end the proper communication shall be personally delivered to him a receipt shall be exacted. in which the daite of its delivery shlil
In case thie author of the plan which has served as a basis for the
auction should not )e tle owner of thle concession, hlie shall prove by a trustworthy dociment, withi i a month fromt the date menitioned'i in the pIreceding paragraph. that he has paid the author of the said plan the amount of thile ppraisal to which paragraph 1 of the preceding article of these IlRguliat ions refers.
Ai'. 41. iThe party obtaining the o n(cession of a railroad line in any of the cass id terms provided for in Articles89 and 41 of these liegulations shall have the obligations and shlmll enjoy the rights which are slated in the existing Laws for concession of works without subsidies anid, finally, in the construction of the works a1d in the operation of the railroad there shall be observed, as to the concession, the provisions of Articles 22 to 37 of these Regulations.
C(ONSTI'UCTION AND OPERATION F A IHAILROAD 11Y CONCESSION TO INDIVI),DELS n i COMIPANIILS' SiSiDIZED WinI Pa 0V1C I FUNoS.
A nu'T. 414. When the (Governmnt itself shall have made the plans of a railroad line in the terms provided for in Articles 7 to 9 of these Regulations, and shall deem it proper to have it constructed by concession, granting a subsidy in any of the Ibrms stated in Article 12 of the Law of Railroads, a hearing shall be had as to the plan and as to the necessity of a subsidy and its nture and amount, the Provincial ])eputations, the Boards of Agriculture of the interested Provinces. and the Governors beingI heard. Thie Consulting Board slhaill report, a ind after this formality is comuiplied with. and in view of the residlt of tlhe hearing, the Secretary of Public Works shall subliit to the Cortes the proper forn of Law, in which there shall be stated the clauses of the concession, the schedule according to which it shall be opeiratedl, the nt ber of years which the concessions is to last. the aid to be given to tihe owner of the concession, the form and time of paying thie subsidy, anId the other reluisites provid-d for by thie Liws and eg ulations.
In the same form of Law there shall be fixed the proportion and form in which, together with the State, the province and towns interested
in thle lille are to contribute, to the subsidy granted, according to tihe provisions of Article 13 of the Law of Railroads.
Ai1T. 45. Tihe law of colicession being sanctioned and p1)romulgated, the lille shill be offered at auction within a period of three months. The public sale shall be hlield according to the existing instruction., and in order to take part in it the bidders must deposit beforehalnd, at the place designated by the advertisement,. a sun equal to 1 per cent of the amount of the estimate proved. The subsidy fixed shall serve as a basis for the auction, and ttw object of the proposals shall b)e the reduction of the said subsidy. )\ IT. 46. If the subsidy consists or the delivery to the company of certain works constructed at the expense of the State and according to tle proiswns of Articles 7 to 12 of these Regulations, the bidding shall be first oi the reduction of the schedules, the auction being helh
according to paragraph 3 of Article 36 of the legulaliions of the (,eneral Law of Publie-Works.
If there be two or more of the most advantageous positions aplarenully equal, new bids shall be required, as provided for in Article 37 of said ltegulaitiolns; and if Inonel of the interested parties make any proposition whatsoever in this new bidding. hlie who shall have obtained the lowest number in the drawing by lot, which shall have preceded the opening of the proposals in the first bid, shall be declared the wst
fThle record of the auction being made and it being apl-Wov(d by tih
Secretary of Public Works, lie who shall appear as the best bikdr ii.
the first or second bids referred to in the previous articles shall ,
declared the owner of the concession.
Alr. 47. I the subsidy consist of the delivery to the company of a
art f the invested capital, which part is to be ixedl exactly in the law of concession, the aucion shall be first oi the reduction of the1 amount of the subsidy, and afterwards, in ease of equality of proposals, on the reduction of the seheldules: and if ther still be equality of proposals, on the numnbier of years of the concesii. all in strict a oltance with the provisions fir such cases of Articl ..13 and 4 of the
RtegulatioQs of the General Lawms of Public Works.
AnT. 48. In the third and fourth eases of Article 12 of the Law of
railroads, namely, when the subsidy coiisists in granting the constructor of the oline the right to take advaIntage iI o other wi 1s conIs ructi public use, compatible with the use of the railroads, Ior iti uio i s of the duties oil material of construction or operation, the ation si hll ble. ill the first place, on the reduction of the sel edules, and then Oi the reduction of the number of years of the concession, proceeding ii all matters according to the provisions oiofrticle 6 of these regulations.
ART. 49. The owner of the concession shall deliver at the rollerr
place and at the time fixedl in Article 1 of the Law of Railroas a bond equivalent to a per cent of the estimate approved; the said an m,
s"all Not be returned utjl all the works included in the concessions
Shall have been entirely fiinished. The bond bei "giv t t
tion of the works shal be proceed it oding ien the cons conditions of the concesi sio according to the clase and
ART. 50. If the subsidy consists of works ahea(ly constructed by
the governmentt they shall be deli vel to their owner of constdb after making an inventory nl aI"prIaisial of tlie which s'hi beinseled il the proper rod the owner o the onessio, n sidg h e tM
re eipt tlheretr. o
I ti aid hl on.o.s (f the delivery of a sun in i specie or bonds and
stoa.s, it shall le ri to the Compiy in the firm and time stiluhlated, aInwtos a irtih ate of the lnginers of the State clurged with the ilo eCtion. The p iyment of the s u sidies in I hose cases shall e m"ade to le ei'1nyI ic ] Vei1 enit dire"tl0.' and te (Covermi al s turn shall be paid by the proim.s and the towns the parmt of(ne sibs
sidy dlevolviil, upon Itern, as d nrh by the t L t Of the sub
Whet a l public ompn ilatiWe with the ue it'f the railroad is to
be dmalidewrit the cor'aNy owTng ie th essin the delivery shall article it lhe firalithi.- stated in the first lpNragraph of this
l the ish. il eu onsd i of the exemptionn of (' eastmas duties, the for.
ialit.s diitied in tlhe exirtiore proni.sioMs or those provided in the
fAltre b the l.iycr Law Or egu!at"Iins shall be colniplied with.
A! ,' T t .) i'] ('li ( cs o l I- a r a il r o a 0., t o t h a 5ih iS id Ill i s e en
granted a small li, lrleited illt a. t es l oyild lu by th (; neral
Law o ulie Wors aml b\ he Law of foirH0tlhl
E xceptioi shall be inj l e i the si-a es of i)rc'e flajeire. set lGnth ii
Article, 2 L o' these ogumlatio>. -,ich mo lree inlouen ii arthie with A rtihle 19 of the (neral Law t' l']i proven i odaksc In easedf fofeitupl, front the apaslwli 1te.
Ince th t hifeittusotm lie afppaisal whiiel must be mnadu in accord. anee with he eo\itoNt of Arti les o l ad 3-1 of these egnlatiOns, there shall bie dedted i lthe apiiut of the bonl. if it shonld have been etur e. ti expenses of the apiraisent and am-tio, and the lands, t orki moey r Other .s of value which nuty have been delivered to the omwi if wore i ad(s Thlie remiaiider shall be thle moonit for
Aich ti oi :d or d the materials on hand shall be sold at
The provis of n t La the Ci mi articles of the se a t
egllations shall lie follow id in ll other roeodings for file p rose of decluarian of fbrfeiture and its eon (,ee,tt -s-.
A R I. 5i. In Ilhe exe nqutio of tis co ,se te nce of r
ail confine himself i of th e work he own er (il the emieessioun moshdif ei tions hae to th' aiproed ilii, in whi('l no variations or
rticlh ofmay be introduced. ithoat the proceeding gs spe.iled in A r li e 22 of these h l :, ltin In S Ii Oa le tlt (' Iii l uem tllect of' ti h' variations aulitho)rizedl shall 1, tos e dei'ated in Article I9 of the railroad Law.
In the execution of the work and in their op i" ion of a subsidized
line, the provisions of Articles 23 to 27 of these Regulations shall be observed concerning thie plans and documents which must be ma le on thle completion of the work, the necessity of authorization to begin the operation of the road, thie privileges and obligations of the owner of the concession in its operation, and the formalities necessary fior Na
revision of a. schedule of' rates,.
In like manneior the provisions of Articles 35, 30, and :37 cornering
the firmalities with which th- railroad shall be delivered l thle termlination of the coueession shall be observed.
A. .T53. When an individual, or a company, desires the concession of ..a railroad with a sub sidy, he shall direct the proper petition tothe See.'yt1etary of Pulile Worlks, accnmipanying the plan; in accordance with ''Arties 8 and 9, and proving that the deposit of I per cent of the
estimate has been made.
In the petition there shall appear the kind of subsidy prayed for,
stating its amount and the Tform in which it shall be made, with a full argument, in order to prove the necessity or desirability of the aid
which is asked for.
ART. 51. When the documents referred to in the preceding article
J have been received, there shall be published in the Guacta to 1udrid and in the ofMcial bulletins of the interested Provinces the pr 1er advertisements, fxi ing a period of' thirty days for the adminission iof proposals which iight be more advlntageous tihe the lirst.
It' the tiue fixed shohl pass andl no proposal whatever he made..
or if those presented should not be adminissible, because of the absence of certain of the requirements of the Law or of these Regulations, the plans shall be forwarded to the Chief i'ngineer of the proper D)ivision, in order that lie may actually go over the ground anld miahe the reort
referred to in Article IS.
Thereon the proceedings provided for by Article -1-1 shall be institulted, and as a result of the same the approval of thtI superior authorities may be given to the plan and other documents.
In ease that it should bu deemed necessary to introiduice itIIV moditcations in the plan or in any of the clauses of the concession, the provisions made for suth eases by Article 19 of these ] egulatioins shall ibe
Arr.55. When the plan is approved and when the basis of the concession is agreed upon, the appraisal of the studies shall made, which shall be done in acordance with Article.35 of the Regulations for
the execution of the General Law of Public Wot's.
AnT. 50. The Secretary of Publie Works shall pi escnt to tIhe Cortes
the proper foiaR of Law in order that the construction of the railroad
may be authorized.
The said proposed Law shall be aeoiompanied by the plan approved
for the line in question with all the other documents necessary to deter-
-ne t sthe ocesio the sledii of rates, the kind and
tbrw of the subsidy whieh the State shall give, anhe dart ix h sIWI be
oll tribute bY tle i terested Pro'inces for 3junie pa ii sand be
ijl dciaaitll~eS by a ulclitie ago
he ite Law hih are demandIed bY the Laws and J, les athe
ion he La is tpromulgaed, the comes'sin ll be ofetios at.
oifi thel ig a priod of three mohs, as oide o eret
i r oos ; n such cas it m t be stated that I e altl l l .
t 6e s a i it to t eitc on the n c a Ofs
the n igiest biddora. acead ahle o tct s oirt the e sha1 be paid by the
accorali,-e withI the el ira ial Ilade, in relations to xrhiit'h the Proxisions o Atihe 12 of t I eghlato1s fp the ccti of the enera Law
of Pulic _'Woks shall be obserx'ed
rJ'he~lin Otherwise Rs 0,l~F 'I's- ,
*'S of these telio, o rlp,,ti ll i otainelld i Articles
+lwit. 11 ,+t lS a I)j 1; i. ill ,, l +l OfL. ] ': 'is pl, ill
2 Jof clrul ct il shoti ld et i il l rtlo the ase i whieh the petition fr
t h l i be o ~ tin U oll r s h oe c t s t o u e a a l a .d f r o n it h e C o v ' ler lie f to .bp l eal(nt i o al rcpe Is to theease in h aic that is, to Oe v ioit r
olfon lliv i a l of a co..n. of a ubsidi edI rai road on the rep
ofp a.. "ldxj ili 1 C ,, J)II JSlo 1 ai1 -,' .L il e SI[C
Ai'. 57. Jf within the tiei d tie 51 i thsible raliiosas
Shotthl hare been dlresented ti tiW eC s ietio of a miil'oad the p
visions of the. same. eonc iierii goi tolin or .lt ls
and the Jeedtngs which ilst be hd there lder, shall be tended
to them and to the correspIondii 1t t he r'uner el l Clief a well as those ielortig shall a e o fli a onin e r ilCieit a
0 ti various lai re s1)e ntl d t hei ch< io i n ceiri g the
order of "l'.rrence in which the'y s hoi)uld ienl e
Tiheri'allt r the op nion of the o l Ltidee d. the ,
ailil I~oi't ~ a mlii of' li )elilnc I itIi ~l( t ~~d 21ia
and errsad of the Der onlt i or of' tle Coni of
Stat, a ll be taken conerig' aI mtte rs in of the ProeeeI Ils, ul as a result of all sthis the eetay of orks shl decide which plan should be selected t aeci proeee, iag to its arnis1
in the manner provided to in aalogos eases lie these nregle o ittui .
T he oher ilals shall 1e re tnelio tt i the ephiw t ; th deroi s they made on lIresentin g tlhel .
An.OS c ae h 1l 8 >0 posil tile
e .te Ii ase the litt ll and anx other of those there after hre sel ted should be he1111- fa rle he first shall have p)reference its rQesol l he ne a isc td shall serve as the bais o the
Wlin two or more o' the poposalSmade ater th irs shall b equal, the one which wxas first pese tel shall ate the Orstefeecc, a d its prjec. shall be tle on a i insedli 1111ated shall eve i the is of thile co llncession. a 1
The provisions af Article t3 f the I t o
n rl ;Iwo d u bli e T k h tioCs f r th e e x e c u tio n o f
the e nieal L e' 1biit. Wo shall be strip tly observed in such
Sutr i pla ns.i te t
-ART. 59. When the plan which is to serve as a basis for the concession, determined by either of the means indicated in the two preceding articles, according to the circumstances, shall have been appraised, the proper form of Law small be lprisented to the Cortes, and conicerninig the action or auctions, construction or operation, and delivery of the road, in cases where there< is a siiubsidy, the provisions of Articles 15 to 52 of these Regulations shall be observed.
INSPECTION AND) SUOtI 11LANI'E (F AIl lUtAI)S.
A: 0. Tht! direction regard ng thle construction, operation, ald 7iolice supervision of the railroads ap rtai s to the SecretaI'ry of Plublie Vorks, as well as the surveillance which hlie shall exercise over themi. in accorldaice with Articles (60 anld 61. of the Railioad Law, and they shall take their course in comipliance withl the special instrulctiols which now govern or which mniay hereafter be adopted,in :aecordanee with the principles laid down ini these Regulatmions. ArT'. 61. The inspection which thie Govermllelit shuld exercise over railroads is divided into technical or expliert anudi administrative or business inspection. Both classes of inspection shall be eondiucted by officers under the authority of the Secretary of P'ulic Works. whlo miay order that the personnel of whatever kind asigned to the inspetion shall depend on the Chief Engineer of the Divisionl or that tih. e.\pt rt and administrative inspections shall be made by officials independent of each other,.
AI'. 62. The expwiinss tof' thet inspection shall be dfriayed by the State or by the railroad comiptanies, acleordin.' to the stiptilatioin. in the clauses of the concession of each line. In ease the companies' should be obliged to pay all or part of the above-mientioiined expenses the payment shall be Imade directly by th' State. Thile smsii which for this illrpose are paid tby the companies should be credited to the proper it 'ems of the appropriation. ART. 63. The C)expet inspection shall also be considered divided into two parts, namely, first, that which should be made of the construction, line and works, and technical operation ; and. seeod that which should be made of the material and traction. EIverything referring to the study, compariso and examination of
the plans, to the construction of the' lines, preservation and repair of thie work, roadway, fixed material and uihlinas, to the surveillance of the line, of the signals and switches. ant to lei' madenp and velocity of the trains, shall be consideredtl as appertain ing to the first division.
The second division sh:all include everything in connection with the
preservation and repair of the rolling stock.
ART. 6l. The expert inspection shall blie made by Engiineers of tlhe.
Board of Roads, Ctunls. and Ports. aillded by unehanical engilneers,
ien t GoverneInit flay deelib it proper, by assistahuts from aniong
lhe subordinate employees of Jublic Works, and by wathen who ft1fill I he requireiemnts of these Regulatiof s.
A3 Ir. 6.5. The expert inspectio shall be tilade in each of the )ivision s heated, or to be created in the fltnrc, by a chief Elagui eer in earge of. the employees mentioned in the previous artiee, in easer (his service should be separated frnom the manaMgeent. Tue echaieots engineers serving in th, DIivisins, shall be especially in charge of' thel preservation and repair of the lrolling stock, disia,.ging their dlt ,s
under tin orders of the Engineers of the proper DI divisions.
A cT,. Ui. The expert olhiers who make the teelhniceal inspection shall
be appointed by I lhe Secretary of 'nblie Works in the same minner as those serving in ie Iep1artment of I'ublic Works. 31 leehaneal A gineers shall be aplilnted in like nmaner. Watchinciuse rvilg lhler the expert inspectors shall be appointed from he list of retired soldiers who un, have served in exlprt corps (or in the civil guards (gtardeia ciril), proviided thy receive recommendations fOr gord behavior in
their disch e papers.d evior i
Employees i1" thisclass shall not be removed from the serviee, except fo r mialie ilanilee or misfeasance coumirted therein, after proceedings insti ttd in accordalce with the rul's established for tiat pri'pose. Ar A1 thit concerns the business oOlpeiration, the relation. between the public and employees of the eomlpaly engaged ill tihat branch, t ti. jurislition and sult vision i-h the (governrthati should exercise ovcr these. Imployees. 1and the safety of travel, in ease of attelt Io wreck t he train I, or i ease of I'publi distuba Ices in c(er the chliarge of the administrative inspection of railroads. ART. GS. The employees of the Adinnistrative Inspection shall onsisi of I Ih-f I lnspetors, Special Inspectors, and Conmmnissaries, whose number am salaries shall be fixed in the appropriation bills, i, accord. a1 e with the iecessitihs tf the service. AR 60. The employees tnmIneted with the Admiistrative lhspeetio, shall be appointed by the Secretary of Public \Vorks in aceodIanee with the present prov.imns, or with those that shall in the clture be adopted. of the Laws and Special Instlructions in this mcounl tioll.
Salt employees shall have accurate knowledge of the General Laws of ailroduls', of their conditions and schedules oif rates under tHie Law, a1 the police Regulat ions of the samie, and such directions as tay have been issued by the Government and by the companies concerning the telegraph service and the business opeliat lois of the lies.
AUT. 70. nluspectors and Assistant Insplctors in eu ge oif the admiinistrative insiietion of railroadi;s can not be re) lrevl except through umalcllsaliee and imisfeasance in o!nice, and after the proper proeeedings in acicordance with the rules established fr this purI pose.
IAILIIOAI)S ]DENVTE.I) TO PIR1IVATE USE.
ART. 71. lRailroads devoted to the service ,t an industry or t pri-) vate use, for the constructionl of which thle use of public lands is not required nor condemnation proceedings desired, miay be bUiilt without any other fmrmality than a notiliation to tile Superior Civil authority of the proper Province, .and may be thereafter operated without any other restrictions than those imposed by the health Laws and Laws fI' the Public Salety in the manner determined by A article 02 of the R" ailroiad Law.
: Ar. 72. When an individual or company desiV es to build a railroad line for the service of a private ind usitry, and needs for that IpurPolse the use of pblie laintls, the interested party slhall preseit to the Secretary of Pubnlie Works a petition accompanied by tile proper plan.
This plan shall only be in the nature of a ne-lnorial explaining it and a description of the route, a general plan and a general proile, the particullars of' the public lands traversed by the line, the plaus and grades of the construction proposed for said ainds, and the alproxiate estillmate of the cost of these works. Awr. 7. The papers mentioned in t ihe preceding article shall be sent to the GoveIIrnor of the proper Provillne. who shall open the investiga-. tion concerning 1these works ,. prescribed by Article CT of he iail ra! Law. Thi e Governor shall hear in this proceeding the Municipal Coun-' eils of the towns traversed by the line. the Provincial Deputation, and the Chief Enlgineer of the Province. Said oniial shall then s~n1a the papers, with his report, to the Secretary of Public Works, who, b3 neans of a 1Ioyal Deeree, iay grant the authl ity asked r a'r he aring the Consulting IBoard of Roads, Canals, and Ports.
Vthen the authority is granted, the petit ooner may constrnuct and
operate the road without other restrictions than those imposed Iby the public health and public security amd the condition1- which may have been imposed in the order granting the authority for the use of luldie
1noperty which may have been issued.
Before beginnig the work the interested party shall give security
equivalent to 5 per cenut of the estimated cost of the work to be constructed on paubli lands, which security shall be return edto 1 ni, when
ihe proves that he has Wfulilled his obigations.
Au'r. 74. The part taken by the administrative agents in the concessions referred to in the two piren'teding articles shall be Aliited t0, seeing that the exact conditions imposed or the building of the w,:' to be unidertaklen on public lands granted to the owner of the conession are
Authorizations of t his kind shall be revoked if the owner of tfle cone(ssionl should not absolutely fulfill the stipulationls of the order grantl 11 co nllce i I 'lI c ( '- Ii w\ l : om il lithe 'publi lan d ,
Fall be destroyed and all material removed, inll order that such' lands may be clear and inll tlhe same coniditioi as they were before the granltilg of the collncession.
The owner of the concession Ilmay appeal il all actioll against tlhe Royal Decree of revocation. but when thile latter is afflrled he shiail lose tlw sec-lrity givell, and the lands granted shall again be public
A r, 75. For the coniitruction of all railroads devoted to public serv ice, although not of -eneral ini erest. and for the construction of' all tlost whlic l, although devoted to a priivatte industry or to private use, llmay bl. used by the i publi,. the use of the public domain may be asked for', aid also thile right of condemlinationl of private lads, its provided in Article t;l of thile Railroad Law.
in slIcIh cases thie company individual or interested party shall direct to tlhe Secretary iof Public Works a petition, accomlIpaied by a plan of the line, illn lcorldance with tilt provisions of Articles S and 9 of these R egulations.
The (Gowvrnor shall anmnuc:e,, the petition ill tihe liolctin olficu l.with a list thf litn s of those inte, sted inll the condtmIIllationll, and shall order lIht e pelitier to l e-mar tthe ground, aInd shall also hear the claims pr- 'ented before le prjle'r Mayor (-lcalbc) by the property owniel's their relreselativ. inll accordanlce within Ar ticle 156 otf the Relullaliollns t' thile execllliol of tile generall law of lubli Works.
IThe ipalrs shall then gto Tt the petitioner inll order that he may know and answer the claims prsetIted. alnd the Gtverr1101, after hearing thile. lExeculltive Comnmissionl of the Provincial )eputations and the Chieff Engineer of the D)ivision,Il shall forward thile proceedillns, with his owI report, to tilhe Secretary of Pliublii Works. ART. 77. The Secretary o,1' Public W'oks shall send thle roceedings to the Col Sill tillg Board of Imudls, Canals, and Ports for report onl tilhe technical part of the plail, ats well as on the clailils and obljiections that may have arise, ail. inll order that the basis lmay be fixed inll accordance with which the concession may be gralited. The Secretary of Public Works. with a1l these antecdenllts shall present t tthe Corttes thile proper tlril of Law in accordam e with Artie's614 aiid S68 of the Railroadt Law.
A fter the Law is sanctioned and promulgaIt", the concession shall be granted, and, therefore, sulibjct, ipso facto, to all that may be appli. cable to the provisions of Chapter 111 of these Legulatious, concerling concessions without subsidy.
Fi'OIMALITI'S IREQUIIRED FOR THlIE CONICEsIoMN OF 'I'AIvA'vs.
ART,. 78. No trainway or railroad established on a public highway may be constructed without its proper planm being made and approved beforehand.
This-planit shall consist of: 1. A memorial giving a description of thc tralway andl showing the advantages which would redound to the public interest by its constructiolln.
2. A general plan, showing clearly the direction of the route, a general profile showing its grades, and the corresponding detailed plan, ,iving a clear idea of the system proposed to be used on the public hi ighway in the various conditions inll which it may be. If towns are traversed, or the tramlllway lbe established onil the streets of the town, plaus onil a large scale shall be made of the streJts traversed by the line, and its position and relation to the sidewalks and house fronts.
3. The technical condtlitions inll which the work; are described and
details relative to construction are given.
4. An estimate.
5. And the schedule of rates to be charged in the operation of the
traillway, with a calculation of the probal)le earnings of the comlianlly.
AR T. T79. The approval of the plan referred to in the preceding arti
cle is thile attribute of the Secretary of Public 11orks:1. When the proposed traiway shall occupy a State highroad.
2. WIhen it shall occupy a Pr, vinlcial highlroad.
3. When it shall occupy inll part a Stat hiigihroad.
4. When it shall occupy inll part a State highroad and in part a
M\lunieipal road or street.
5. When it shall occupy both a Provincial hig road liand a Munliipal road or street.
6. When the motive power shall be other than that of draftt animals,
whatever may be the kind of public road it mlay OCcupy.
AnRT. 80. The approval of the plan of trallways is the oiattribute of
the Governor of tlhe Provinces when their entire length traverses
hnicipal roads or streets.
ART. 81. Whenever an individual or company nmay desire to build a
tramway of those designated inl Article 7 he shall address his petition to the Secretary of PublioWorks, accompanied by the plan referred to in Article 78, proving that ihe has deposited anll amount equivalenIt to
onie 1)per1' cent of the estimated cost.
~Tlhereafter the petition shal, he advertised in the Goccla ant l;olt Oi,','cil of the proper I no :xmg one month fr the admission of petitions which may be better toin the first.
Aitur. 82. It' withiti the time :ed by 'the preceding article no ote
plan may have been submittd. that presented shall go to t ( t ir Eniginer of the Province, so that hlie may go over the pain on the groutnd of such part as shall occupy a State highroudl. o
'Thereafter it shall go to the D)eputation,. through the ( o erno,, in order that the expert Chief of Provincial Works may also go over thIe plai on t illhe groutild as t that part of the tramway which shall oectep P'rovineial highroalds.
A nl lastly, tie Governor shall send the plan to the Ipoper luniei pal Council or Councils, so thil the proper experts may go over it Oi tht, gromid its to such part, of the work Nwhich may occupy -Iutnieiail 'ds or streets within each M1unicipal District.
The Chief Engineer atnd the (Chief Experts of Provincial and 31 unicipal Public Works. who shall ihave gone over th lie plan on the ground, shall state whether the data preeniiied is correct, and at the same tim shall report otlile technical parts, stating whaeth, in theiropiniol, the l0l1 as presented may be accepted, or itf there should be a necessity of introducing aly modifications.
A'T. S:;. \Vhe1. within he perio of thirty day1s. designated inll Arti eleC 81, there shall ha ve beenii presented and admitted new plaiis, tle e shall likewise go to the IfEngineers of tihe State and Provineial and Municipal xpert Chiefs at the same time as the first plan. in or der that all may be gone over on tillhe romtnd in the maimern determined by the lpretceding aroticle.
Ill such case.i the report ofl the lxpert Chief shall extend tothe coIpIurisol of tilhe va\':rioills proieets, stating- whether aulvoae deserve tile prefori'cince aitnd lie reason thcriefor.
In all cases the expluse.s of gooailOVer the plans on thle gTrounilid shall be paid by the petitioner or petitioters who situbiitted the res'ectlive plans.I
AnT. S1. The reports m1entionled ill the two lirecediug articles shall be directed to tho ov-erlor with the plains they re'fer to, and whenil t he.e have leeu received .by said authority hlie shall order that ati investi Ki tiotn be made, as determined in such easesby the General Law of ]I 'blie W orks, the I t'gulations for (mrrting it into effect, and Article 87 ot thst' I eg tilat ion.s.
ART. 63. When a tramway which i- to occupy a State highroad only is in question, the Chief Engiineer of the 'Province and the Executive Conmmiision of thle Prvinciald I)eputationm shall be heard i th is inuvestigation, and the Governor shall setl the proceedings, with his report, to the Secretary of Public W I ks.is
ART. 8t. Wi-Chen only lrvinieal highrotds are to be occupied, tl
Provincial D)eputation shall be consultedi, which shall inn.e its report
' after hearing the expert Director of the Corporation; thereafter the
Chief Engineer shall make his rCeport, and, lastly, the Governor shall
make his, on sending the proceedings to his superiors.
When the works are to occupy both State and Provincial hiighroads,
similar proceedings shall be followed, adding tit e report of the Xceeutive Conmissionl, which shall be heard, after the Clhief Engineer.
ArT,. 7ST. The Municipal Councils of the towns interested shall first
be heard, if the traniway shall occupy in part a State highroad anmd in part a municipal road oir street. A public investigaittion shall be held in said towns ftr a period of' .at least twenty days, at which all the resi dents who may consider themselves interested may take part, stating 'Avhiat they nmay deem proper. The Municipal Counicils, after having 'Ifrst consulted the opilnion of the expert Chicfs, shall report. There I:4 oui the petitioner shall be heard, in order that he may answer thel .-claims which may have been presented. Thereafter the Chief Engineer
of the Province shall be consulted and also the Exeentive Commission of the Proviieial Deputation; and the G governor shall be 1lie last to report on sending the proceedings to the Secretary of' Public WVorks.
AwR. 88. Whenever both a Provincial highralni anda a Muuiipal road
or street are to be occupied, the interested Municipall Council or ('ouncils shall first be heard, as provided for by the precedinig article, and then the Provincial Deputation, which slill r'epoli taltr firsthe I n;lig the opinion of its expert D)icctor. The lproceedings shall then go to the petitioner in order that he may answer the objecttiolnt alnd cl:ims which may have been made; and after this tformality is comp]hii! with, the chief Engiu lner and thie lExecutive Conunission s11All report their opinions referring to the legal questions which might have arisen, and lastly,
the Governor, who shall send the proceedings to the ( overntiment.
ART. 8 When a ro01(l in which the montive power shall be steat or
compressed air, or any other than animal power, the investigations referred to in Articles 84 to SS shall take place according to the specitic ease in comiplianee with the' rules established thlereftor, embracing in such case tic advalitages or disadvanta:g:s w ich the mti mie power proposed may have, and to the' conditions whiliChi, in a prupe case.
should be imposed to prevent the damages which might result therefrom to public travel.
AIT. 90. Vhen the phMns proposed are two or nore in number the
investigations shall cover all of them sillultaleouslY, a1d imia id icls; oflicials, and corporations giving information shall stai their opinion as to which deserves the preference. *In such ease the petitio.ners shall be heard in the investigation in the inverse ofder of the presentation of their plans, so that the author of the first one presented shall b' the last one heard, care being taken by the Governors to fix the shortest possible time for the petitioners to send their replies, with the object of
shortening the proceedings.
ART. 91. lin all the eases referred to in the preceding articles, after
t h e proceedings have been received by thie D)epartment of Public Works, they shall go to the Consulting Board of RIoads, Canals, and Ports for its report concerning the technical part of the plan or plans proposed, as well as the preference which shall be givelp to one of them,. at the same time proposing the conditions in compliance with which, in a proper case, the concession may be granted.
The Secretary of IP'ublic Works shall approve thle plan presented in view of the proceedings. if this shall be proper, or the one meritiilg the preference amon1 g those accepted.
If front tile proceedings there should result that to approve the plumn. it should be necessary to introduce some modifications, in such case the provisions of Artihle 19 of the present Regulations shall be observed.
AiT. 92. When the phian of trminway shall come within the provisions mentioned in Article 73 of the Hailroad Law, that is to say, when the works are to occupy a State highroad and a Provincial hightood, and finally both State highroads and Municipal roads or streets after approval of the plan in the manner prescribed by the preceding article, its appraisal shall be lit made as is provided for analogous cases by these Regulations:
ART. U93. The Secreta'ry of Public Works who has the power ito grant the concession, in the ca-es specilied in Article 7'- of the Law, shall immediately advertise the auction of the works, bfor the period of two months, on the basis of the approved plan.
The auction shall take place in accordance with thle provisions of Article 70 of said Law, respecting the schedules of rates, the equality of propositions as to the duration of the concession, and with the understanding that in all case s thie right of legal preference shall be reserved at Lthe auction to tlb author of the approved plan, and if' the latter should not take advantage of the pr,'fcren.e the -iccessfuil bidder shall pay lhim, within one moum th,te value of the plan, in accordance with the appraisal made.
AnT. 01. If front the investigations to be made there should appear am equality ofconditions. of two or more of tlhe accepted plans, the one first presented shall have the prt'eerence, and in this case it shall libe appraised anid shall sevCe as the basis for the auction prescribed by the preceding articles.
AnT. 95. When the auction is decided the declared owner of tlhe concession shall give, within a period of fifteen days, security eq uivalent to 3 per cent of the estimated cost, as provided for by the law for subsidized railroads. The owner of the concession shall build the works in accordance with the stipulations and under the inspection and surveillance of tihe State Engineers in such parts as are occupied by State highroads. In such part as the tramway occupies Provincial highroads the inspection shall be carried on by the expert Directors of' Provincial Works, and in such part as the works occupy Municipal roads or streets within towns the inspection shall be carried on by the expert agents of the M\unicipality.
ART. 96. When the concession expires, the term of which can not
be for longer than sixty years, according to Article 76 of the Railroad Law, the Government, the Province, or the towns shall enter into the enjoyment and use of the part of thle tramway built in State. Province, or Municipal roads or streets, respectively, in accordance with the special rules laid down in each case. inll order to carry out the operation
and sharing of the earnings among the interested parties.
AT'r. 97. The plans and grant of tramway eoncessions, in which the
motive power is other thanm animal, shall be subject to the same proceedines as those desigiiated in thle preceding article. in which case tate Secretary of Public Works may always approve the plans and per..mit the individuals or companies who request it to conmstruct these ".-roads. I
A T9 In tramnway concessions, made by the Scretary of Public Works in the manner determined by thile Railroad Law, all the provisions continued in Chapter IV of these Regulations concerning eoncessions of subsidized railroads, shall apply in so far as they are praeticable and dt, not collict with the provisions of the preceding articles.
AnT 9. If the Itramway is to occupy one or moire provincial highroads, aftcr lithe approval of the plan by the Secretary of 'ublic Works, in compliance with Articlc 91, it shall go to thle Governor, in order that lie may transmit it to the l'rovineial D)eputation, whihl has the right to granlit the concessiolt in such case, as provided for by Artil, 7-1 oL
The same shall be observed in the case of the occupationl of both I 'o
vincial and Municipal roads or streets, when the Secretary of Public Works shA:tl have the power to approve the pluan, and thle )epuations
the power to grant tile cOlic'ssioll.
ART. 100. The )eputation shall immedliately have the approved plan
appraised, and shill then advertise the auction, proceeding in all other matters in accordance with the provisions of these Regulations and of the articles which may be applicable of Chaptir V of the Regulaiions of July 1877, which treats of tle cocssion s of the oinstrucidin of
ART. 101. If the tramway is to occupy Municipal roads or streets
only, thie petitioner shall send his plan, accompanied by a petition, to the GoverIor of the Povince, who in this ease has the right of approval, as provided bfor by Article 71 of the Railroad Law. The Gove'mor Ishill order lthe publiation in the Boletn -Ojicial of the proper tdvertjiscment, fixing a period of thirty days within which to present proposals
which might better the first.
Aum. 102. The plan shall then be sent to the 1ayor, who shall order
it gone over on the ground by the expert Chief of Municipal mWorks, then submitting said plan to a public investigation, directed by the said Mayorn, and at which the residents of the town who deemi it proper to make objections and claims shall be heard, forh which purpose a tine, not
less than twenty days. shall blie fixed.
The MIayor shall then send the result of the public investiga n to phe pe tiioner s that he may reply then the full Municipal (Council] shall be heard, and with his report lihe.shliall finally senm the proceed. ings to th GovAernor'.
If, within the period of the thirty days mentiomed in Article 101, new plans should have been presented andi accepted, going over the plans oi th -rotund, the expert report the public in vest igat in, an tnh'h pmplic op ions of the 31 uieipal Council and the May-or shall embuoneall th plans admitted,. and alko concerning the preference which, as a' result of the compismn of their respective advantages or disuadvanQ tages,>. oe deserves over all the others competing. AT:. 10:.. The Governoi, on the olpinio of the Provincial Chief Engiineer, shall decide the approval of the plan. When he considers the work of great importnmee, or when he disagrees with the opinion of the Chief Engineer, he shall send te proceedings witl his o'n report to th,' Secretary of publicc Vorks, who shall finally decide after hearing the (Consulting I hMard of ads, Canals, mandl Ports, as provided for in Artil 93,20' thIe iRgutlutions ibn thexeettion of the (General Law of Public Wortls.
A'r. Il. It' thie tramway is to uceupy municipal ighroas or streets withi a sin lJe 1 iunihipil I District. in which case tile 1 unicili Councils lix the right to g''rali con:essionii in na orda nce with Article 7-1 of the la the Governor shall send the approved luan to the proper 31unicipal Council, which, after an appraisal If said plan, shall adverti the auctioln and grant the eioncessini in aecordane with the provision.- of Chalpter VII It' the Reguiatiins of the (lth of July for the exCe'ution of thle (IeCeral Law of Pulblic Works.
AnT. T.:. If the trumway i to oneeil)py roads or streets belonging to mnreo thm an 3uicipality. l wi one Si il i1 i one P'rovinc,. the plan must be selarateiy submhiittedi to eiaclt of the municipl] Districts it traverses. andl in each of the towns the staldy of thie plans on the g'rmiud and tlhe invetigatio s referred to in Article 102 of these Regulations shall be made.
''he Gt3 eriuor' of the Pl'rovince, as sool as he has gathered the pr1ocemings of the interested 31unicilpalities, shall proceed to thie approval of the complete plan in the nuuner provided inr by Article 103.
ARIT. 10;. After the aMpnoand of the plan by the ;Governor in the case stated in thie preceding artich, their piioceeding's shall go to thI' Provincial DIctutatoiol, wili ih i -such case has the right to grant the concession, as provided tfor by Article 74 of the aiilroad Law.
Ar.1 (. 'Wheii the Municipal highroads which the tramway is to occupy belong to Municipalit hs of dillbrent Irviinces, thie investigation and thle other proceedings shall be carried out in each one of thei 1lanicip);lities as pnovided f6w by Arl icl 1. O, and the QovernormS sholl have to oine to an agreement in all points before Ilroceeding to the applro\'al of the plan.
If this agreement is reached, the plan shall be considered approved and the concession shall be granted by the Deput./ions of the respective Provinces.
Should the Governors differ as to the approval of the plan, the nmatter shall be decided by the Secretary of Ptublic Works, to whom then proceedings shall be forwarded by the said authorities. The Secretary shall finally decide after hearing the Consulting l:io rd of Roals Canals, and Ports.
In case there is not an agreement in all points regarding all clauses and conditions between the leputations iuterested,the question of granting the concession shall lbe decided in tie same manner. The Deputationi in all other matters shall follow the provisions of Articles .99 and 100 of these Regulations.
'" Ar. 10S. Concessions of tramnways made by MlunieiaMlities by virtue of the Law of hailroads and of the correspoiling articles of these Regulations shall be subject, in so far as apldicable and not in contradietion with what is hereiu provided, to the provisions of Chapter YVII of the Regulations for the execution of' the General Law of Public Works.
ClrA xp'au VIII.
GENERAL CONDITIONS WHVIICI SiOO.1 iD Bi: OSE VE-E) IN ']TH(. CONSTRUCTION AND Ot'ERATION OF T'IRAMWXAYS.
AnT. 109. The Coverinent. hearing the Consult ing ]loM 't RoadA, Canals. and Ports, shall draw a set of general cotnditions, which shall be observed in traminway concessions. complying with the provisions, prescribed in the following articles of the present legulations. .
AnT. I110. ]Exvery concession of this kind shall be understood to ibe made without lprejudice to third persons. and priecting pivat' rights according to the provisions of Article 28 of the Regulations for the execution of the General Law.
A'T. 111. The se'n'ity which shall be required from the owners of concessions shall be 5 per cent of the value of the estimated cost of the aliprved plan, and shall not be returned until all the works included in the concession have been finished. ART'r. 112. Tramways inmust always ie established in such manner as not to cause injury nor to impede the travel of the ordinary vehicles which paImss over the'highroads or the streets which they occupy. InII consequence, no svsten shall be admitted in which thle rails prjeciti above the level of the road, and in th gener;il conditions there shall be determined the minimum width of the streetsin which the traminway may be constructed, fixing the position which the rails must occupy, in order that the train ears may cross ordinary vehicles in movement and those stopping in the highway or in the street, loading and unloading. Thus, also, proper rules shall be established in order that travelers on foot may not suffer damages or inconveniences in the road.
a 111. That part of the highroad or street occupied by a traim.
way, or that part of the width which shall be determined, shall be kept in repair at the expense of the owner of the concession, who for this purpose shall renovate and replace the bed and the pavement with i material of good quality whenever this may be necessary in the jid.ment of the expert agents charged with the inspection.
In t hecostrull'ti(t of tte tramIIwa y, and in the I ,preservationI and repair
('are shall be taken to introduceno Imodification vlwhatsoever, eilher'in the grade of the highrol or st reef s or in t. t.ra ftIsverse pro ile allc ted y them.
A.uT 11 1. W hen t i tratwvay ik to be of ai single track, tn'nolit conveientlY situatted shall be built, ill order i t avoid any bloeklade. Am i'. 115. The works must be carried out in accordance with the approved pllan, ih which no miodifi nation whatsoever may be introduced witlihout the approval of' the Secretary of hlbio Wor\iks, or, in a lp'qer easte, of I Ithe (G;ove'rnor of the 'Province. Air'. 11G. No ramway shall be placed at the disposal of the public until iftr inspection by thi Engineers or expert ag'entis of the Depttations or of Ihle I11uni'ipal Ciuncils, aI'eording to the circimillstailles. These olicials shall report the result of their inspections to the (overno' of[ th'e provincee, atd if the reports should be favorable, filthe. (iovernr shall decitlde that tie tritmway lb open' to the pitlie service, reportihig io tlhe Secr'etary ,f Pubilic Works in all cases in which t Ill oei, ssionu may have been granted by- that lDephartmenit. Ar. 117. TIte (comtipmny shall operate tlhe traitway during the time statled in til t'Oltc'essil'on, ill accordanle witl the ppliri'oved schedule of rates, which ill io case shall be higher tlhan Ito-se fixed therein. The owner of the concession shIall be oblige(l to assure the travel on his roa d, except in cases of lbre tnjeuire. If' thle travel should be ilterl ipted fromll clauses impiutible to tlhe owuer of the Iconcessin, the Department of Public Works, or thite Deputation, or the municipal Council which may have granted the concession, shall adopt the measutires con('dul iv'e to its reestablishient at the expenses of the company.
ART. 118. The mipatv may freely v decide on the rttealns of construct-e ing' thit, road as well as on ithe selhetion of the employees appointed l'for its Oleratio, and administration. In lthe same mi tanner the necessary rules ir tlhe pibl ic service shall be drafted, notifying the D)elpartmen't of IP'ublic Works or the proper anthiority as the case iny be.
In matters relay ting to public health and safety the coilpany shall do what is detanided by the Goverment and the pr1)loper autliarities, in conformity with the General Law and Regulations and the special
polit.e laws of higtihroads and the Municipal ordinances of the towns through which the line passes.
~Ai. 11.9. At the expiration of the concession the company shall turn over to the proper party. in good serviceable condition, thile traitway, its dependencies, material. and means of traction. and the Gov-
ernment, Deputation, or Municipal Councils, to whom the delivery is .made, shall enter into the full enjoyment of tL income earned by the operation of the tramway.
ART. 120. Besides the general conditions governing the concession of all ramwvays, other special conditions shall be stipulated which shall contain the provisions relating to the iimes in which the work should begin and endw, the amount of the security, the schedule of rates allowable for tihe use of the works, duration of the concession, and cases of' forfeiture (if any special ones are added besides those provided fIr by the general Law of Public Works and by the Railroad Laws), with everything else deemed convenient for the good construe- tion of the road and of interest for thile public service.
ART. 121. When the motive power employe(l fbor the traction is other than animnl, it shall be stipulated in the general conditions that tlhe engines, shloul they be run by stean, shall inot produce sinolake, lor any special noise which might frighten the horses of ordinary vehicles; that powerful brakes be used in order to stop the train in the shortest possible tiune; that the speed shall not exceed 20 kilometers per hour on the higliroads, and that it shall be moderated until equal to that. of a horse tit a walk while within the towns, as well as where travel niay be very active; that the best system of signals be adopted; and that, in short, there shall be observed all thle rules a1d lpreeaultioni 1)poss)h h, in order that ordinary traffic may be carried on without imp.pdiment and without danger, as well as to avoid accidents of any hind.
In no ease shliall the change of ainal motive power es':Iblis!;ed ii a
traimiway to a different motive power be authorized without previous permission granted by the Secretary of 'ublie Works, in aecordailnee with thle provisions of the Law ill every respect and of the eorrespotding articles of these Reg latlions.
Madrid, Maly 2-, 1878.
Approved by L]is Majesty. R -I' .
(GENEIUAI, (tv,.1N)1ENrI OF Tii ]LAND OF (OM n.
P111 Li 1 T iR s.
Tlh Cnoltotnil I)leparinl ellI collinieni-ates to His Excelleneyv the Govermo-G'ieneral, under date of .Jun last, the following IHvl Order:
1 0t : l'xe mI.i : x : lu ,mI pl i ie w ithlal :i l 27oftl h 1Iu getL w- ro thi s h ola l, of th, 5th of t hl. ionth, t 1is M ..sty the King (whom on P -reser'ie) has 'leel-.d proper to approve the potvisimal dn'rte fWo tBe cm ilon (el i railoini the m ;li aihl d teieii This I mmmml ,-ite t, Yo1r ]wcvllkn-y by p';d Otl e, foryor illformatioll ;111d Con1s!equen(Iit e-cts.
And !lis .;Ex'ellnyv living ordered its comlliane on the 2811S of July las, it is plublished in the (ela QIcial ifor general illnfiormnation.
Ilallna, August 1 1880.
Sretan (/ I' h uineral Gorernot'a.
Pr:OVI()ONAIL DElIREE FORI TIlE C(NCESSIOiN O1 iA LIIAIs IN THI' ISLAND 1 I' t CUBA.
An. i. Ill ionpitliee with article 27 of the lBudget Law bfor the Island of Cubai of June 5, Sl( the Governor-( general shall grant the concessions for the conistrultion amid operations of the railroad lines preferred in said law andl of any othr one's granted in accordance with the Sunlle.
AR'. 2. The general clau<-es, guaranties, subsidies, and franelises with which said con:essions shall be granted shall be those stated in said law td in tlhe General lAw of laiuloads and Pliee of the seine, of 'Covember 23. 177, and their respective Regulations of May 2-4, 180. alnd Septemler 8, of the some year, in so fhr as they do ot confliet with article 27 of the J]udget Law of Cuba aforementioned.
AlUT. 3. The concessions of all the lines shall be granted by menaus of an auction and fi'r thle period of ninety-nine years. nt the expiration of which they shall pass to the-ownershlip of the State. The auetions for the lines enjoying as in advance to be reftinded diur'ing the entire perid of the conc-ession. an anminal subsidy for every kilonimeter in o1ptrati4on, shall be he1(ld oni the amoum ass ined to eac, line as subsidy, and it shall not exceed in any case 8700 for cli kiometer.
For the 'lines enjoying a guaranty of interest on the principal used in tilhe 'onstruction, said interest shall be S per cent per annum, arthe auction shall be held on the capital earning it. F'or the lines without subsidy or guaranty of interest on the capital invested, the auction shall be held on the limit of time in which they are to be constructed.
A .4. The Inuspect ioof Public Works of Cuba shalldraft within
the maximum period of one month, tie plan of the maximmn schedulet to be applied to all lines which uny hereafter be graoted in the Island, as well as that of the provisions which are to be observed in .-th, collection of the men f these schedules, which shall also be t.-ommon to all the lines.
i This plan of schedules and of provisions fr their al)plicationl shlil be briefly annotated by th Consultcing Iardi ofr Public W orks and afterwards by the Council of Administration of the Island, and the, Governuor-Gencral shall approve the same, with the nmodifications whiel
he may deem proper.
Subsequent changes shall be submitled o the Goverowur.
At. 5. Tih technical conditions of the plan of the consieltion of
the subsidized lines shall be determined by the inspection of Publi, Wois. ln cosequect thereof, itn v of the stdes already made of some of the lines and of the date which can be proceed in r the rest, it shall fix the time table for each one of them1, suin. the towns and princill points through or in the vicinity of which the line is to pass. the minimum radiu.- ofthe curves, the hmaxinnit grade of th levels, the ch s of the principal works of art which are to be of a pernatnent character, and thw limits of time. to be granted tb comence the nks, and tbi place each section of the line in opertoil.
The gauge of the line shall be the standard one in thle iaihroads of Cuba, but in special and duly authoriz d casesit may be narrower. in te stations and switches which tmay be established for the meeting of
t rains there shall be lw tracks at least.,
Allr. 6. The uspiectim o f Public Works shall also prose for 5 (f th
line at the same time as the coalition stated in the prefccding artcle the maximum limit of the subsidy to be refunded which it shall enjoy during tile period ot'the concession and annually fir ach kiloneter in
operation, it' this plan of subsidy is adopted.
In case the annual subsidy is preferred, the guaranty of inerest o
the capital invested in the construction, th lspectionl shall determine the maxillnu' capital per kilometer which is to berecognized as having a right to said guaranty and the cost of operation whicl, as the limit, is to be recognized to the concessionaire in order to estimate the profit he usy make: but it being understood tlht if th, real expenses of the operation arm less than th, maximum cost calulatled, the fyrc,- shall be the ones t, he considered in order to determine the us t Irocds of
Air. 7. The lines which do not enjoy a subsidy in either' of the two manners stated are' not subject to technical conditions of drafting and construction, nor to the moaxilllm schledules.
Ar.S. The Inspection of Publi Works shall draft the conditions for the concession of subsidized lines. Those for lies which are not subsidized may be presented by the companies or individuals. -.
ART. 9. After the conditions of a lire are drafted, they shall be sub- i ited for the relirt of the Comsulti I board of lubli Works and by the Conncil o(if .\dminitr:ition of the tiand, and the Governor-G en eral mllay approve them, notifying the iernmenit thereof minunediately.
AnyT. 10. After the conditions of trutetion of a line have been approved by the Governor-General vi 1y the (overnimcnt, according to the cases, the public ation for thl a ward of the concession shall be advertised.
AlT. 11. The auctions shall be held at IIabamna, being advertised at least three months beforehand. In order to take part therein it shall be necessary to deposit I per cenat of the capital assigned to each lie or the guaranty of interest This deposit may be increased to 3 per cent of the said capital within the period of thirty days fromi the date oni which thie award is announced and it shall serve as a guaranty for the compliance of the comlditions of the concession. The guaranty shall be returned to the cmcessionaire when by means of a certificate of the Inl-spe'ting Elngileer it is provenii that anll amount equal to double the value of the former has b)eeil invested in works, the guaranty being then replaced by the works executed.
Aur. 12. After the concessiMon of a Ine has been awarded, the inspectioli of the public ageitts shall only take place in so fitr as is ineiessary' to seiLre the bompliance of said conditions and in regard to the public safety, the operation being permitted when the lhue or its sections fulfill their conditions, without prjudice to said works being terminated and the rolling stock completed within reasmonablet liis of time.
AR. 13. The Governor-Geuneral shall report to the Governmieint all the vicissitude' and progress which each line miay encounter.
Aly. 1-. The Treasury of the Island shall credit to the concessionnaire of the lines which enjoy an annual kilometric subsidy the amount due half yearly for I lie kilometers operated, the earning of the subsidy for etachl set ion commenting front th lie first dayof the half year following the otieninig of each one. Froi this amount there shall be deducted. in aeerda nice with law, 50 per cent of the gross r-cedsend ..i during the half year by the section operated, and the difference shiall be the amount paid -to the concessionaire of each line as refundlable subsidy.
When, during fottur consecutive half years, 510 per cent of the gross procteds of a line exceeds or equals the subsidy, the comicessiommunire shall lose all his right to a furti r subsidy, but thei Treasury shall continue to coiledt time excess of tht 50 per cent. over the amoum of tihe subsidy until if has recovered tHie payments which it uay have made
for this purpose in previous half years, without making any charges whatsoever of interest for the advance.
ART. 15. For lines enjoying a guaranty of interest, the latter shall be applied to the capital or to the cost per kilomnieter obtained at the action, or to the number of kilometers opernated in each complete half year. From the amount of the half-yearly interest thus obtained there shall be deducted the net, proeeds, viz, the difference between tlhe gross proceeds and the expense of operation, determined by the second paragraph of article 6 of this decree. The difference between the interest for the half year and the net proceeds shall be what the Treasury of the Island shall pay to the respective concessionnaires.
When during four consecutive half years the net proceeds of the operSation of a line computed in the manner above mentioned equal or exceed S per cent per annum on the capital which is to earn the same, the right to the guairauty of interest shall cease in the future; but the Treasury shall continue to collect 50 per cent of the excess over the said S per cent.
ART. 1N. As long as the right to the collection of the subsidy or to the gn.ranty of interest exists for each line. thie public administration shall exercise in the econominic management of the enterprise the intervention necessary to ascertain the gross proceeds of the operation as well as to assure itself that the expenses of the same are iot nlow: than those lixed fir each line. There shall be understood by olerat ing expien
Approved by h is Majesty:
Sa'\N-'IICEZ 1 tUSILL.
A tryu copy:
S AI))ITION. it!tdgo Law of J un.- A.
PtILie Ni iH KS. A ur. 27. The Government shall facilitai te thle construction of the Railroad system of the Island of Cuba. preferring the following line.:
Sanita Clara to Sancti Spiritus.
Sancti Spiritus to San Luis de la Enurmuimlai. via Cieg'o de Avila, Puerto Principe, Victoria de las Tunas, Canto Embarceadero. Baynam, and J iguani.
Victoria de las Tunas to San Lunis de la Enranmada, via Holguin.
Bayamo to Manzanillo.
Puerto Principe to Santa Cruz del Sur.
S San 31iguel de Nuevitas to Zanja.
HIolguin to Gibaro.
- Canoa to the ay of' Nipe.
- El Cribsjo to (Gunso.
Santa Catalinlkde Guaso to SIagl de T;hamao.
The concessiois for the different sections of these lines must be
awarded at a public anction. the basis thIcrefor being Ithe subsidy or the capital to # guaranteed by the State, recording to the case, and
by means of a bond, granting as a subsidy1. Exemption from iMtxport duties on the necessary material.
2. An aunoal paym ~4-of an amount not to exceed I2,700 per kilo
meter operated by wa'-nf an advance. refundable with one-half of the gross proceeds of the operation or with a guaranty of interest on all or on a part of the capital invested in the line, sharing half of the dividend.s in the latter case, when the shareholders earn more than S per
3. The gmratitols cs-ion to the, enterprises of lands owned by the
State or towns which may be necessary for the construction and opera.tion of thei lines.
.. The right of condemnation by way of public ntility and after
inlle niliiatinn for the ]ivate Iproperty indlispensabh, for th-- co stru
timo and operation.
These concession shall eljoy the franchises muentimnel in Article 4
of the General railroad Law of November 2, 3877.
The Glovernment is hereby authorized to grant these eonvessims
.-ithout requiring a plan eviously approved but subject to detemninedl technical conditions of draft and construction and to a fOxe itinerary: the two General Laws of November 23, 1877, and their correspmnding regulations being understood as applicable in so far as they
do not conflict with the foreg oing prescriptions.
Lines may be grated without the subsidy referred to in the second
case of the second, pamagraph, and these lines shall enjoy the other franchises and rights mentioned in this Law. They shall also be awarded at a public auction, giving a bond, and the time within which Ile work is to be constructed shall be tho basis for the bid, being awarded to the Company ol]ering to do the work in the shortest time.
(Gaceta, July 1, 1850.)
UNIVMSrN OF FLl0fWA 31262 0741 327 4