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money so collected shall be paid into the general fund of this state. En. Stats. 1903, 50.
This was a new section adopted in 1903. There was an. other section 494 adopted in 1899 covering the same ground. It is probably superseded by the above section, but as the section adopted in 1903 makes no mention of it, and as the question as to whether it is in force or not can only be de termined by judicial decision, it is here appended:
Any railroad corporation owning any railroad in this state may sell, convey, and transfer its property and franchises, or any part thereof, to any other railroad corporation, whether crganized under the laws of this state or of any other state or territory, or under any act of congress; and any other such railroad corporation receiving such conveyance may hold and operate such railroad franchises and property within this state, build and operate extensions and branches thereof, and thereunto exercise the right of emtnent domain, and do any other business in connection therewith, as fully and effectually to all intents and purposes as if such corporation were organized under the laws of this state; provided, that such sale, conveyance and transfer shall be made within three years from the date this act shall take effect; and provided further, that before such sale, conveyance or transfer shall become operative, an agreement in writing must be executed by the parties thereto, containing the terms and conditions of the purchase and sale, and its execution must be authorized by the board of directors and ratified by three fourths of the stockholders of each of the railroad companies that are parties to such conveyance and transfer, and said agreement or conveyance shall be recorded in each county through which said road or roads pass in this state; and provided further, that no sale, conveyance or transfer under this act shall relieve the franchise or property sold, conveyed or transferred from the liability of the grantor contracted or incurred in the operation, use or enjoyment of such franchise or any of its privileges; provided, that this section shall not authorize any corporation to purchase any railroad property operated in competition with it; and provided, however, corporations operatin
any railroad or part of a railroad under lease shall be entitled to purchase such leased property (whether competitive or otherwise) under the provisions and subject to the conditions of this act; and provided further, that any or all established rates for fares and tolls for carrying passengers or freight between any points upon any railroad purchased under the provisions of this act, shall not be increased without the consent of the governmental authority in which is vested by law the power to regulate fares and freights; and provided further, that whenever a railroad corporation, which has purchased any line of road under this act, shall for the purpose of competing with any other common carrier lower its rates for transportation of passengers or freight from one point to another upon such line purchased, such reduced rates shall not be again raised or increased from such standard without the consent of the governmental authority in which shall be vested the power to regulate fares and freights; and provided further, that for every violation of the provisions of this act on the part of directors, or other governing officers of said corporation, the state shall be entitled to recover from such offending railroad company the sum of ten thousand dollars. It is hereby declared to be the duty of the attorney-general of the state, in the event of any such violation, to demand and collect from such company the said penalty; and he is hereby authorized and empowered to prosecute all the necessary actions in the name of the people of the state of California against such company in the courts of the state. All money so collected shall be paid into the general fund of this state. En. Stats. 1899, 178.
TITLE IV. STREET RAILROAD CORPORATIONS. 9497. Authority to lay street railroad track, how obtained. Limi
tations and restrictions. $ 498 Restrictions and limitations. Manner of constructing tracks. $ 499. Two corporations may use the same track. $ 500. Crossing tracks. Obstructions. $ 501. Rates of fare, speed, etc. $ 502. Time allowed for commencing and completing work. Penalty.
Extension of time. $ 503. May make further regulations and rules. $ 504. Penalty for overcharging. $ 505. To provide and furnish passenger tickets. Penalty. $ 506.
Proof of agency. $ 507. Reserved rights. $ 508. License to be paid to city or town. $ 509. Track for grading purposes. § 510. Provisions of title ill applicable to street railroads. $ 511. Title applicable to natural persons alike with corporations.
$ 497. Authority to lay street railroad track, how obtained. Limitations and restrictions. Authority to lay railroad tracks through the streets and public highways of any incorporated city, city and county, or town, may be obtained for a term of years not exceeding fifty, from the trustees, council, or other body to whom is intrusted the government of the city, city and county or town, under such restrictions and limitations, and upon such terms and payment of license tax, as the city, city and county, or town authority may provide. In no case must permission be granted to propel cars upon such tracks otherwise than by electricity, horses, mules, or by wire ropes running under the streets and moved by stationary engines, unless for special reasons in this title hereinafter mentioned; provided, however, that such board or body in granting the right, or at any time after the same is granted, to use electricity or any other of said modes, shall have power to impose such terms, restrictions, and limitations as to the use of streets and the construction and mode of operating such electric and other roads as may, by such board or body, be deemed for the public safety or welfare. En. March 21, 1872. Am'd. 1875-6, 76; 1891, 12. Cal. Rep.Cit. 57, 167; 57, 175; 57, 176; 90, 38; 90, 39;
91, 340; 91, 454; 105, 92; 105, 93; 105, 94; 117, 611; 117, 616 Act limiting time within which franchise may be granted: See post, Appendix, title Railroads.
Act validating ordinance granting franchise: See post, Appendix, title Railroads.
Act empowering railroad to use electricity or steam: See post, Appendix, title Railroads.
8498. Restrictions and limitations. Manner of constructing tracks. The city or town authorities, in grant. ing the right of way to street railroad corporations, in addition to the restrictions which they are authorized to impose, must require a strict compliance with the following conditions, except in the cases of prismoidal or other elevated railways. In such cases, said railway shall be required to be constructed in such a manner as will present the least obstruction to the freedom of the streets on which it may be erected when allowed by the granting power:
First,' to construct their tracks on those portions of streets designated in the ordinance granting the right, which must be, as nearly as possible, in the middle thereof.
Second, to plank, pave, or macadamize the entire length of the street used by their track, between the rails, and for two feet on each side thereof, and between the tracks, if there be more than one, and to keep the same constantly in repair, flush with the street, and with good crossings.
Third, that the tracks must not be more than five feet wide within the rails, and must have a space between them sufficient to allow the cars to pass each other freely. En. March 21, 1872. Am’d. 1873-4, 212; 1875-6, 77.
Cal.Rep.Cit. 57, 518; 87, 599; 89, 309; 91, 454.
$ 499. Two corporations may use the same track. Two lines of street railway, operated under different managements, may be permitted to use the same street, each pay. ing an equal portion for the construction of the tracks and appurtenances used by said railways jointly; but in no case must two lines of street railway, operated under different managements, occupy and use the same street or tracks for a distance of more than five blocks consecutively. En. March 21, 1872. Am'd. 1891, 13. Cal.Rep.Cit. 54, 74; 54, 75; 57, 168; 57, 170; 57, 177;
91, 452; 91, 454; 115, 297; 129, 182; 135, 659. $ 500. Crossing tracks. Obstructions. Any proposed railroad track may be permitted to cross any track already
constructed, the crossing being made as provided in chap ter II, title III, 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. En. March 21, 1872.
Crossing other railroads: See ante, secs. 465 et seq.
$ 501. Rates of fare, speed, etc. The rates of fare on the cars must not exceed ten cents for one fare for any distance under three miles, and in municipal corporations 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 must be of the most approved construction for the comfort and convenience of passengers, and provided with brakes to stop the same, when required. A violation of the provisions of this seclion subjects the corporation to a fine of one hundred dollars for each offense. En. March 21, 1872. Am'd. 1903, 172.
Cal.Rep.Cit. 97, 563; 134, 485.
Act limiting and fixing rates of fares: See post, Appendix, title Railroads.
Act permitting letter carriers to ride free: See post, Appendix, title Railroads.
$ 502. Time allowed for commencing and completing work. 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 grant. ing said right of way shall have the power to fix the time for either the commencing 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. 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