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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. 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 completion of the same. All extensions of time shall be in writing, and made a matter of record in the municipality. Provided further, that this act shall not in any way affect any franchise or right of way granted before its passage. En. March 21, 1872. Am’d. 1895, 17. Cal.Rep.Cit. 57, 178; 91, 341; 101, 337; 117, 611 ; 117, 612;
117, 616. Forfeiture for failure to commence work, of railroad corporations: See sec. 468; generally, see sec. 358.
$ 503. May make further regulations and rules. Cities and towns in or through which street railroads run may make such further regulations for the government of such street railroads as may be necessary to a full enjoyment of the franchise and the enforcement of the conditions provided herein. En. March 21, 1872.
Cal.Rep.cit. 128, 436.
$504. Penalty for overcharging. Any corporation, or agent or employee thereof, demanding or charging a greater sum of money for fare on the cars of such street railroad than that fixed, as provided in this title, forfeits to the person from whom sůch 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. En. March: 21, 1872.
$505. To provide and furnish passenger 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. 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 hundred 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. En. March 21, 1872. Am'd. 1873-4, 213; 1883, 84,
8 506. Proof of agency. Upon the trial of an action for any of the sums forfeited, as provided in the two preceding sections, proof that the person demanding or receiv. ing 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 em. ployee of the corporation, to receive the money and give the ticket or check mentioned. En. March 21, 1872. Am'd. 1873-4, 213.
$ 507. Reserved rights. 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. En. March 21, 1872. Am'd. 1873-4, 214.
$ 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. En. March 21, 1872.
Licenses: See Pol. Code, secs. 3356 et seq.
$ 509. Track for grading purposes.
The right to lay down a track for grading purposes, 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. The corporate author. ities 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 conveni. ence 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. En. March 21, 1872.
$ 510. Provisions of title Il applicable to street railroads. Street railroads are governed by the provisions of title III of this part, so far as they, are applicable, unless such railroads are therein specially excepted. En. March 21, 1872. Am'd. 1873-4, 214.
Cal.Rep.Cit. 109, 577; 109, 583; 109, 584; 125, 454.
$511. Title applicable to natural persons alike with cor. porations. 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 applicable to corporations. En. March 21, 1872.
Cal.Rep.Cit. 98, 314; 132, 678.
WAGON ROAD CORPORATIONS. $ 512. Three commissioners to act with surveyor. $ 513. Survey and map to be filed and approved by supervisors. $ 514,
Tolls, etc., to be collected. Penalty for taking unlawful
tolls. $ 515.
No tolls to be charged on highways or public roads, $ 516. Rates of toll to be posted at gate. $ 517. Toll gatherer may detain persons until they pay toll. $ 518. Toll gatherer not to detain any person unnecessarily. § 519. Persons avoiding tolls to pay five dollars. § 520. Penalties for trespasses on property of corporation. $ 521. Revenue, how appropriated. Tolls to be reduced, etc. $ 522. May mortgage and hypothecate corporate property. $ 523.
This title applies to natural persons as well as corporations. $ 512. Three commissioners to act with surveyor. Where a corporation is formed for the construction and maintenance of a wagon road, the road must be laid out as follows: Three commissioners must act in conjunction with the surveyor 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 lay out the proposed road and report their proceedings, together with the map of the road to the supervisors, as provided in the succeeding section. En. March 21, 1872. Am'd. 1873-4, 214.
Cal.Rep.Cit. 95, 86.
8 513. Survey and map to be filed and approved by supervisors. 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 hundred 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 author. izes 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 highway so taken and used as to make the same as good as they were before the appropriation thereof; and must so cons act all crossings of public highways over and by its road, and its toll gates,
as not to hinder or obstruct the use of the same. March 21, 1872.
$ 514. Tolls, etc., to be collected. Penalty for taking unlawful tolls. 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 supervisors of the proper county through which the road passes, or in which the ferry or bridge is situate, except that in the counties of Klamath, Butte, Del Norte, Plumas, Humboldt, and Sierra, the directors may fix their own tolls, 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. If tolls, other than as herein provided, are charged or demanded, the corporation forfeits its franchise, and must pay to the party so charged one hundred dollars as liquidated damages. En. March 21, 1872. Am'd. 1873-4, 214; 1873-4, 272.
Cal.Rep.Cit. 88, 633. This section was also amended by act of March 30, 1874. Amendments 1873-4, p. 214; but by section 287 of that act, P. 269, other laws passed at that session superseded the provisions of that act, leaving the preceding act of March 28, 1874, in force sixty days after its passage. .
Sale of franchise under execution: See ante, sec. 388. Toll roads: Pol. Code, secs. 2779 et seq.
$ 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 teamsters, travelers, drovers, or any one transporting property over the same. En March 21, 1872.
$ 516. Rates of toll to be posted at gate. The corporation must affix and keep up, at or over each gate, or in some conspicuous place, so as to be conveniently read, a