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street for the distance limited).

As to joint use of tracks, see 27 Encyc. L. 26.

As to many miscellaneous matters — As to corporations gen-
erally, see note § 283, ante.

Same — As to railroads generally, see note § 454, ante.

Same — As to street-railroads, see note § 597, ante.

As to right of one street-railway company to use tracks of
another, see 25 A. S. 477.

340



Tit. IV.] CROSSING TRACKS — FARE. §§ 50O, 501

§500. CROSSIIVG TRACKS. OBSTRUCTIOINS. Any pro-
posed railroad track may be permitted to cross any track
already constructed, the crossing being made as provided in
chapter two, title three, of this part. In laying down the
track and preparing therefor, not more than one block must
be obstructed at any one time, nor for a longer period than
ten working days.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

As to crossing- other railroads, see 27 Encyc. L. 24, 25.

Same — Without compensation, see 29 L. 367, 29 L. 485, 30 L.
508; 34 L. 572, 36 L. 839; 44 L. 269.

As to many miscellaneous matters — As to corporations gen-
erally, see note § 283, ante.

Same — As to railroads generally, see note § 454, ante.

Same — As to street-railroads, see note § 497, ante.

§501. RATES OF FARE OlV STREET CARS. [MANNER
OF CONSTRUCTION OF STREET CARS.] PENALTY. The

rates of fare on the cars must not exceed ten cents for one
fare for any distance under three miles, and in municipal cor-
porations of the first class must not exceed five cents for
each passenger per trip of any distance in one direction either
going or coming, along any part of "the whole length of the
road or its connections. The cars niust be of the most
approved construction for the comfort and convenience of
passengers, and provided with brakes to stop the same, when
required.

[Fine for yiolation.] A violation of the provisions of this
section subjects the corporation to a fine of one hundred
dollars for each offense.

HLstory: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 371,
held unconstitutional, see history, § 4 ante; amendment re-
enacted March 16, 1903, Stats, and Amdts. 1903, pp. 172-173.

See Kerr's Cyc. C. C. for 8 pars, annotation.

97 C. 553, 563, 33 A. S. 203, 32 P. 591 (cited, but thought not
to apply since amendment of 1903); 134 C. 482, 485, 66 P. 734
(cited, but thought not to apply since amendment of 1903),

341



§ 502 CIVIL CODE. [Div.I.Pt.IV.

As to many miscellaneous matters — As to corporations gen-
erally, see note § 283, ante.

Same — As to railroads generally, see note § 454, ante.

Same — As to street-railroads, see note § 497, ante.

As to ordinance as evidence of speed, see 16 A. S. 247.

As to speed of street-railroads, see 25 L. 663, 57 A. S. 735,
60 A. S. 591; 27 Encyc. L. 49.



§502. TIME ALLOWED FOR COMMENCING AND COM-
PLETING ^WUK. PENALTY. EXTENSION OF TIME.

Work to construct the railroad must be commenced in good
faith within not more than one year from the date of the
taking effect of the ordinance granting the right of way, and
said work must be completed within not more than three
years after the taking effect of such ordinance; provided,
that the governing body of such municipal corporation at the
time of granting said right of way shall have the power to
fix the time for either the ooinmeucing or completion, or
both, of said work; not, however, to a time less than six
months for commencing, and not less than eighteen months
for completing the same.

[Failure to comply — Forfeiture.] A failure to comply with
either of the foregoing provisions of this section, or with
either of the provisions of the ordinance granting said right
of way, works a forfeiture of the right of way, and also of
the franchise, unless the uncompleted portion is abandoned
by the person or corporation to whom said right of way is
granted, with the consent of the authorities granting the right
of way, such abandonment and consent to be in writing.

[Extension — Who may grant — When and for what term.]
The authority granting the right of way shall have the power
to grant an extension of time for the completion of said
work, if it appear that the work has been commenced within
the time fixed, and prosecuted in good faith; but no extension
of time shall be granted for the commencement of said work,
and shall not be granted for more than one year for the com-
pletion of the same. All extensions of time shall be in writ-
ing, and made a matter of record in the municipality. Pro-

342



Tit. IV.] REGULATIONS, ETC.— OVER'CHARGES. §§ 503, 504

vided further, that this act shall not in any way affect any
francliise or right of way granted before its passage.

Hi.story: Enacted March 21, 1872; amended Feb. 25, 1895,
Stats, and Amdts. 1895, p. 17. In effect Feb. 25, 1895.

See Kerr's Cyc. C. C. for 46 pars, annotation.

57 C. 160, 178 (construed and applied); 91 C. 338, 341, 342, 27
P. 673, 674 (construed and applied); 101 C. 333, 337, 35 P. 993
(cited in discussion); (C. Jan. 6, 1895), 38 P. 986, 988, 990 (con-
strued and applied); 117 C. 604, 611, 612, 616 (cited in dis. op.).
49 P. 736 (construed and applied); 152 C. 242, 244, 245, 92 P.
490 (the statute forms a part of the contract, and forfeiture is
complete upon a failure to comply with the conditions granting-
a franchise).

As to forfeiture of franchise of railroad companies, see 30 A.
S. 774.

As to many miscellaneous matters — As to corporations gen-
erally, see note §283, ante.

Same — As to railroads generally, see note § 454, ante.

Same — As to street-railroads, see note § 497, ante.

As to necessity of judicial act declaring forfeiture, see 5 A.
S. 803-807.

As to non-performance of condition in grant of franchise, see
5 A. S. 803-807.

§503. MAT MAKE FURTHER REGULATIONS AND
RULES. Cities and towns in or tlirough which street-rail-
roads run may make such further regulations for the govern-
ment of such street-railroads as may he necessary to a full
enjoyment of the franchise and the enforcement of the condi-
tions provided herein.

History: Enacted March 21, 1872, founded upon §10 Act
March 29, 1870, Stats. 1869-70, p. 483.

See Kerr's Cyc. C. C. for 11 pars, annotation.
128 C. 431, 436, 437, 79 A. S. 47, 61 P. 68, 50 L. 55 (applied).
As to many miscellaneous matters — As to corporations, see
note § 283, ante.

Same — As to railroads generally, see note § 454, ante.
Same — As to street-railroads, see note § 497, ante.

§504. PENALTY FOR OVERCHARGING. Any corpora-
tion, or agent or employee thereof, demanding or charging a
greater sum of money for fare on the cars of such street

343



§§ 505, 506 CIVIL CODE. [Div.I.Pt.IV.

railroad than that fixed, as provided in this title, forfeits to
the person from whom such sum is received, or who is thus
overcharged, the sum of two hundred dollars, to be recovered
in a civil action, in any justice's court having jurisdiction
thereof, against the corporation.

History: Enacted March 21, 1872, founded upon § 1 Act April
14, 1863, Stats. 1863, p. 296; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 371, held unconsti-
tutional, see history, § 4 ante.

§505. STREET lUILKOADS MUST FURNISH TICKETS.
PENALTY. Every street-railroad corporation must provide,
and, on request, furnish to all persons desiring a passage on
its cars, any required quantity of passenger tickets or checks,
each to be good for one ride.

[Penalty for failure to comply.] Any corporation failing to
provide and furnish tickets or checks to any person desiring
to purchase the same at not exceeding the rate hereinbefore
described, shall forfeit to such person the sum of two hun-
dred dollars, to be recovered as provided in the preceding
section; provided, that the provisions of this section shall
not apply to such street-railroad corporations as charge but
five cents fare.

History: Enacted March 21, 1872, founded upon § 1 Act April
14, 1S63, Stats. 1863, p. 297; amended March 30, 1874, Code Amdts.
1873-4, p. 213; March 13, 1883, Stats, and Amdts. 1883, p. 84.
In force March 13, 1883.

§506. PROOF OF AGENCY. Upon the trial of an action
for any of the sums forfeited, as provided in the two preced-
ing sections, proof that the person demanding or receiving
the money as fare, or for the sale of the ticket or check, was
at the time of making the demand or receiving the money,
engaged in an office of the corporation, or vehicle belonging
to the corporation, shall be prima facie evidence that such
person was the agent, servant,* or employee of the corpora-
tion, to receive the money, and give the ticket or check men-
tioned.

344






Tit. IV.] RESERVED RIGHTS — LICENSE. §§ 507-509

History: Enacted March 21, 1872, founded upon § 3 Act April
14, 1863, Stats. 1863, p. 297; amended March 30, 1874, Code Amdts.
1873-4, p. 213.

§507. RESERYED EIGHTS. In every grant to construct
street railroads, the right to grade, sewer, pave, macadamize,
or otherwise improve, alter, or repair the streets or highways,
is reserved to the corporation, and cannot be alienated or
impaired; such work to be done so as to obstruct the railroad
as little as possible, and, if required, the corporation must
shift its rails so as to avoid the obstructions made thereby.

History: Enacted March 21, 1872, founded upon § 9 Act 1870,
Stats. 1869-70, p. 483; amended March 30, 1874, Code Amdts.
1873-4, p. 214; amended by Code Commission, Act March 16,-
1901, Stats, and Amdts. 1900-1, p. 372, held unconstitutional,
see history, § 4 ante.

§ 508. LICENSE TO BE PAID TO CITY OR TOWN. Each
street-railroad corporation must pay to the authorities of the
city, town, county, or city and county, as a license upon each
car, such sum as the authorities may fix, not exceeding fifty
dollars per annum in the city of San Francisco, nor more
than twenty-five dollars per annum in other cities or towns.
Where any street railroad connects or runs through two or
more cities or towns, a proportionate or equal share of such
license tax must be paid to each of the cities or towns; and
no such license tax is due the county authorities where the
same is paid to any city or town authority.

History: Enacted March 21, 1872, founded upon § 10 of Act
March 29, 1870, Stats. 1869-70, p. 483.

See Kerr's Cyc. C. C. for 6 pars, annotation.

As to many miscellaneous matters — As to corporations gen-
erally, see note § 283, ante.

Same — As to railroads generally, see note § 454, ante.

Same — As to street-railroads, see note § 497, ante.

As to railroads in streets, right of municipal corporation to
authorize same, see 98 A. D. 247.

§509. TRACK FOR GRADING PURPOSES. [TIME MAY
REMAIN.] The right to lay down a track for grading pur-

345



§§510,511 CIVIL CODE. [Div.I.Pt.IV.

poses, and maintain the same for a period not to exceed three
years, may be granted by the corporate authorities of any
city or town, or city and county, or supervisors of any city
or county, but no such track must remain more than three
years upon any one street; and it must be laid level with
the street, and must be operated under such restrictions as
not to interfere with the use of the street by the public.

[Motive power.] The corporate authorities of any city or
town, or city and county, may grant the right to use steam
or any other motive power in propelling the cars used on
such grading track, when public convenience or utility
demands it, but the reasons therefor must be set forth in the
ordinance, and the right to rescind the ordinance at any
time reserved.

History: Enacted March 21, 1872, founded upon § 11 of Act
March 29, 1870, Stats. 1869-70, p. 483.

§510. LAW GOVERNING STREET RAILROADS. Street
railroads are governed by the provisions of title three of
this part, so far as they are applicable, unless such railroads
are therein specially excepted.

History: Enacted March 21, 1872; amended Marcli 30, 1874,
Code Amdts. 1873-4, p. 214.

See Kerr's Cyc. C. C. for 5 pars, annotation.

109 C. 571, 577 (construed and applied), 583, 584 (construed),
42 P. 225, 226; 125 C. 453, 454, 58 P. 64 (construed and applied).

As to many miscellaneous matters — As to corporations gen-
erally, see note § 283, ante.

Same — As to railroads generally, see note § 454, ante.

Same — As to street-railroads, see note § 497, ante.



§511. TITLE APPLICABLE TO NATURAL PERSONS
ALIKE WITH CORPORATIONS. When a street railroad is
constructed, owned, or operated by any natural person, this
title is applicable to such person in like manner as it is
ai)plicable to corporations.

History: Enacted March 21, 1872.
346



il



Tit. v.] WAGON ROADS— COMMISSIONERS. § 512

See Kerr's Cyc. C. C. for 9 pars, annotation.

98 C. 311, 314, 33 P. 199, 200 (construed with otlier sections);
132 C. 677, 678, 64 P. 1065 (construed witli other sections).

As to many miscellaneous matters — As to corporations gen-
erally, see note § 283, ante.

Same — As to railroads generally, see note § 454, ante.

Same — As to street-railroads, see note § 497, ante.



TITLE V.
WAGON ROAD CORPORATIONS.

§ 512. Three commissioners to act with surveyor.

§ 513. Survey and map to be filed and approved.

§ 514. Bridges or ferries on line. Tolls, limits of. Franchise-
forfeited, when.

§ 515. No tolls to be charged on highways or public roads.

§ 516. Rates of toll must be posted.

§ 517. Persons detained until toll is paid.

§ 518. Persons unnecessarily detained or overcharged, damages.

§ 519. Persons avoiding tolls to pay five dollars.

§ 520. Penalties for trespasses on property of corporation.

§ 521. Revenue, how appropriated. [Reduction of tolls, when.]

§ 522. Property may be mortgaged or hypothecated.

§ 523. This title applies to natural persons as well as corpora-
tions.

§ 524. Franchises granted for construction of roads for use of
horseless vehicles.

§512. THREE COMMISSIONERS TO ACT WITH SUR-
VEYOR. Where a corpoi'ation is formed for the construc-
tion and maintenance of a wagon road, the road must be laid
out as follows: Three commissioners must act in conjunc-
tion with the sui'veyor of the corporation, two to be appointed
by the board of supervisors of the county through which the
road is to run, and one by the corporation, who must [1]
lay out the proposed road and [2] report their proceedings,
together [3] with the map of the road, to the supervisors, as
provided in the succeeding section.

History: Enacted March 21, 1872, founded on § 2 Act April
22, 1853, Stats. 1853, p. 114; amended March 30, 1874, Code
Amdts. 1873-4, p. 214.

347



§ 513 CIVIL CODE. [Div.I,Pt.IV.

See Kerr's Cyc. C. C. for 37 pars, annotation.

95 C. 78, 86, 30 P. 129, 131 (construed).

As to many miscellaneous matters as to corporations gren-
erally, see note § 283, ante.

Facts necessary to be stated in articles of incorporation of
wagon road company. — See Kerr's Cyc. C. C. § 291 and note.

Provisions relating to toll roads in general, their construc-
tion, use, obstruction, inspection and repair. — See Kerr's Cyc.
Pol. C.^8§ 2779, 2832 and notes.

Right to sell franchise of toll road under execution. — See
Kerr's Cyc. C. C. § 388 and note.

Subscribed capital stock required of wagon road companies. —
See Kerr's Cyc. C. C. § 293 subd. 3.

§513. SURVEY AND MAP TO BE FILED AND AP-
PItOVED. When the route is surveyed a map thereof must
be submitted to and filed with the board of supervisors of
each county through or into which the road runs, giving its
general course, and the principal points to or by which it
runs, and its width, which must in no case exceed one hun-
dred feet, and the supervisors must either approve or reject
the survey. If approved, it must be entered of record on the
journal of the board, and such approval authorizes the use
of all public lands and highways over which the survey runs;
but the board of supervisors must require the corporation,
at its own expense, and the corporation must so change and
open the highways so taken and used as to make the same as
good as before the appropriation thereof; and must so con-
struct all crossings of public highways over and by its road
and toll-gates, as not to hinder or obstruct the use of the
same.

History: Enacted March 21, 1872, founded on § 1 Act 1854,
Stats. 1854, p. 74; amended by Code Commission, Act March 16,
1901, Stats, and Amdts. 1900-1, p. 372, held unconstitutional, see
history, §4 ante; amendment re-enacted March 21, 1905, Stats,
and Amdts. 1905, p. 577.

See Kerr's Cyc. C. C. for 43 pars, annotation.
As to franchise being subject to execution, see 27 A, R. 84.
As to grant not preventing subsequent grant, see 26 A.. R. 294.
As to judicial sale of franchise, see 20 L. 737-740.
As to location and construction of turnpike and toll roads,
see 29 Encyc. L. 8-13.

348



Tit. v.] BRIDGES AND FERRIES— TOLLS. § 514

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

As to nature and powers of turnpike and toll roads, see 29
Encyc. L. 3-7.

§ 514. BRIDGES OR FERRIES ON LINE. TOLLS, LIMIT
OF. FRANCHISE FORFEITED, WHEN. All wagon road
corporations may bridge or keep ferries on streams on the
line of their road, and must do all things necessary to keep
the same in repair. They may take such tolls only on their
roads, ferries, or bridges, as are fixed by the board of super-
visors of the proper county through which the road passes, or
in which the ferry or bridge is situate.

[Amount of toHs permissible.] But in no case must the
tolls be more than sufficient to pay fifteen per cent, nor less '
than ten per cent per annum, on the cost of construction,
after paying for repairs and other expenses for attending to
the roads, bridges, or ferries.

[Penalty for yiolation.] If tolls, other than as herein pro-
vided, are charged or demanded, the corporation forfeits its
franchise, and must pay to the party so charged one hundred
dollars as liquidated damages.

Hi.story: Enacted March 21, 1872, founded on § 1 Act 1857,
Stats. 1857, p. 280; amended March 28, 1874, Code Amdts. 1873-4,
p. 272; March 30, 1874, Code Amdts. 1873-4, pp. 214-215; amended
by Code Commission, Act March 16, 1901, Stats, and Amdts.
1900-1, p. 372, held unconstitutional, see history, § 4 ante;
amendment re-enacted March 21, 1905, Stats, and Amdts. 1905;
p. 577.

See Kerr's Cyc. C. C. for 61 pars, annotation.

80 C. 338, 341 (applied — forfeiture of franchise for toll road
by collecting illegal toll; erroneously cited as § 2799), 22 P.
254, 255 (correct citation); 88 C. 632, 633, 26 P. 513 (construed
and applied); 122 C. 335, 338, 55 P. 10 (applied).

As to inspection of public toll-books, see 27 L. 82-85.

As to legislative regulation of toll, see 20 L. 177-189.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

As to rights over existing public highways and fixing of toll
thereon, see Kerr's Cyc. C. C. § 515 and note.

As to right to take tolls without franchise, see 37 L. 711-719.

As to toll roads, see Kerr's Cyc. Pol. C. §§ 2779-2832 and
notes.

349



§§ 515-517 CIVIL CODE. [Div.I,Pt.IV.

§515. NO TOLLS TO BE CHARGED ON HIGHWAYS OR
PUBLIC ROADS. When any highway or public road is taken
and used by any wagon road corporation as a part of its
road, the corporation must not place a toll-gate on or take
tolls for the use of such highway or public road by team-
sters, travelers, drovers, or any one transporting property
over the same.

History: Enacted March 21, 1872, founded upon § 3 Act April
22, 1853, p. 115.

See Kerr's Cyc. C. C. for 8 pars, annotation.
As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

§ 516. RATES OF TOLL MUST BE POSTED. The corpo-
tion must affix and keep up, at or over each gate, or in some
conspicuous place, so as to be conveniently read, a printed
list showing, first, the date when the franchise or privilege
under which the right to collect tolls is claimed, was granted
and the term of duration of said franchise; second, the date
upon which rates of tolls were last fixed by the board of
supervisors; and, third, the rates of tolls levied and demanded.
Failure to comply with the provisions of this act shall work
an immediate forfeiture of franchise.

History: Enacted March 21, 1872, founded upon § 30 Act May
12, 1853, Stats. 1853, p. 176 amended Feb. 14, 1901, Stats, and
Amdts. 1900-1, p. 5. In force Feb. 14, 1901.

§ 517. PERSONS DETAINED UNTIL TOLL IS PAID. Each
toll-gatherer may prevent from passing through his gate any
person, animal, or vehicle, subject to toll, until the toll author-
ized to be collected for such passing has been paid.

History: Enacted March 17, 1872, founded on § 29 Act May
12, 1853, Stats. 1853, p. 176; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 372, held unconsti-
tutional, see history, § 4 ante; amendment re-enacted March 21,
1905, Stats, and Amdts. 1905, p. 577.

57 C. 594, 602 (cited with other sections, apparently by error).
As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.

350



I



Tit. v.] DETENTION— AVOIDING TOLLS. §§.518-520

§518. PERSONS UNNECESSARILY DETAINED OR
OVERCHARGED, DAMAGES. Every toll-gatherer who, at any
gate, unreasonably hinders or delays any traveler or passenger
or any vehicle or animal liable to the payment of toll, or
demands or receives from any person more than he is author-
ized to collect, for each offense forfeits the sum of twenty-five
dollars to the person aggrieved.

History: Enacted March 21, 1872, founded upon § 31 Act May
12, 1853, Stats. 1853, p. 176; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 372, held unconstitu-
tional, see history, § 4 ante; amendment re-enacted March 21,
1905, Stats, and Amdts., 1905, p. 578.

See Kerr's Cyc. C. C. for 7 pars, annotation. '

51 C. 489, 490 (construed and applied).

As to many miscellaneous matters as to corporations gen-
erally, see note 283, ante.

§ 519. PERSONS AVOIDING TOLLS TO PAY FIVE DOL-
LARS. Every person who, to avoid the payment of the legal
toll, with his team, vehicle, or horse, turns out of a wagon,
turnpike, or plank road, or passes any gate theveon on ground
adjacent thereto, and again enters upon such road, for each
offense forfeits the sum of five dollars to the corporation
injured.

History: Enacted March 21, 1872, founded upon § 33 Act May
12, 1853, Stats. 1853, p. 176.

§ 520. PENALTIES FOR TRESPASSES ON PROPERTY
OF CORPORATION. Every -person who:

1. Wilfully breaks, cuts down, defaces, or injures any mile-
stone or post on any wagon, turnpike, or plank road; or,

2. Wilfully breaks or throws down any gate on such road;
or,

3. Digs up or injures any part of such road or anything
thereunto belonging; or,

4. Forcibly or fraudulently passes any gate thereon with-
out having paid the legal toll;

For each offense forfeits to the corporation injured the

351



§§521,522 CIVIL CODE. [Div.I,Pt.IV.

sum of twenty-five dollars, in addition to the damages result-
ing from his wrongful act.

History: Enacted March 21, 1872, founded on § 32 Act May
12, 1853, Stats. 1853, p. 176.

As to breaking down toll-gate on road out of repair, see
Kerr's Cyc. C. C. § 520, note.

As to many miscellaneous matters as to corporations gen-
erally, see note § 283, ante.



§ 521. REVENUE, HOW APPROPRIATED. [REDUCTIOI^
OF TOLLS, WHEN.] The entire revenue derived from the
road shall be appropriated: first, to repayment to the corpo-
ration of the costs of its construction, together with the inci-
dental expenses incurred in collecting tolls and keeping the
road in repair; and, second, to the payment of the dividend
among its stockholders, as provided in section five hundred
and fourteen. When the repayment of the cost of construc-
tion is completed, the tolls must be so reduced as to raise
no more than an amount sufficient to pay said dividend, and
incidental expenses, and to keep the road in good repair.

History: Enacted March 21, 1872, founded on § 4 Act April
22, 1853, p. 115; amended Marcli 30, 1874, Code Amdts. 1873-4,
p. 215.

§522. PROPERTY MAT BE MORTGAGED OR HYPOTH-
ECATED. The corporation may mortgage or hypothecate its
road and other property for funds with which to construct
or repair its road, but no mortgage or hypothecation is valid
or binding unless at least twenty-five per cent of the capital



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