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SEC. 500. Any corporation, or agent or employé thereof, Penalty for 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 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.

Stats. 1863, 297, Sec. 1.

and furnish passenger tickets.

SEC. 501. Every street railroad corporation must pro- To provide vide, and, on request, furnish to all persons desiring passage on their cars, any required quantity of passenger tickets or checks, each to be good for one ride. Any Penalty. corporation failing so to provide and furnish tickets or checks to any person desiring to purchase the same, at not exceeding the rate hereinbefore fixed, must pay to such person the sum of two hundred dollars, to be recovered as provided in the preceding section.

Stats. 1863, 297, Sec. 1.

SEC 502. Upon the trial of any action for the forfeiture named in the two preceding sections, proof that the person demanding or reciving such sum of money as fare, or for the sale of such ticket or check, was, at the time of making such demand or receiving such moneys, engaged on or at any car, omnibus or vehicle of any railroad belonging to such corporation, is prima facie evidence that such person so demanding or receiving such moneys. was the agent, servant or employé of the corporation so owning, using or employing such railroad. The suit must be instituted within thirty days from and after the cause of action shall have accrued.

Stats. 1863, 297, Secs. 3, 5.

SEC. 503. Every city, town, or city and county, granting the right to construct street railroads within its limits, must reserve the right to grade, sewer, pave, macadamize or otherwise improve, alter or repair the streets or highways permitted to be used by the corporation; the work to be so done by the city or town as to obstruct the railroad as little as possible, and when such works make the

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License to be paid to city

or town

Track for grading purposes.

What provi.

sions of Tit.

same necessary, the corporation may shift their rails so as to avoid the obstructions made thereby.

Stats. 1870, 483, Sec. 9.

SEC. 504. 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 aunum 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 must be paid to each of the cities or towns; and no such license money is due the county authorities where the same is paid to any city or town authority.

Stats. 1870, 483, Sec. 10.

SEC. 505. 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 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 authorities of any city or town. 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 is reserved.

Stats. 1870, 483, Sec. 11.

SEC. 506. All the provisions of Tit. III of this Part III are appli- are applicable to street railroads, unless where street railroads are therein specially excepted, or the provisions are palpably inapplicable.

cable to

street railroads.

NOTE. The reference is to the Title on Railroads, with those sections excepted which obviously cannot be applicable.

TITLE V.

WAGON ROAD CORPORATIONS.

SECTION 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. When capital invested is repaid, tolls to be reduced, etc.
522. May mortgage and hypothecate corporate property.

SEC. 512. 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 a map of the road, to the Supervisors who appointed them, as provided in the succeeding section.

SEC. 513.

Stats. 1853, 114, Sec. 2.

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 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 highway so taken and used, as to make the same as good as they were before the appropriation thereof; and must so construct 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.

Stats. 1854, 74, Sec. 1.

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No tolls to be
charged on

public roads.

SEC. 514. 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 road, 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 Trinity, Shasta, Klamath, Butte, Siskiyou, 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 road, 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.

Stats. 1857, 280, Sec. 1.

SEC. 515. When any highway or public road is taken highways or and used by any wagon road corporation as a part of its road, the corporation must not place a toll gate or take tolls for the use of such highway or public road by teamsters, travellers, drovers or any one transporting property over the same.

Rates of toll
to be posted

at gate.

Toll-gath

erer may de

Stats. 1853, 114, Sec. 3.

SEC. 516. The corporation must affix and keep up, at or over each gate, or in some conspicuous place, so as to be conveniently read, a printed list of the rates of toll levied and demanded.

Stats. 1853, 176, Sec. 30.

SEC. 517. Each toll-gatherer may prevent from passtain persons ing through his gate persons leading or driving animals or carriages subject to toll, until they shall have paid respectively the tolls authorized to be collected.

until they
pay toll.

Toll-gath

erer not to
detain any

person un-
necessarily.

Stats. 1853, 176, Sec. 29.

SEC. 518. Every toll-gatherer who, at any gate, unreasonably hinders or delays any traveller or passenger liable to the payment of toll, or demands and receives from any person more than he is authorized to collect, for each offence forfeits the sum of ten dollars to the person aggrieved.

Stats. 1853, 176, Sec. 31.

SEC. 519. Every person who, to avoid the payment of the legal toll, with his team, carriage or horse, turns out of a turnpike road or plank road, or passes any gate thereon on ground adjacent thereto, and again enters upon such road, for each offence forfeits the sum of five dollars to the corporation injured.

Stats. 1853, 176, Sec. 33.

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SEC. 520. Every person who

Penalties for trespasses on

corporation.

1. Wilfully breaks, cuts down, defaces or injures any property of mile-stone or post on any 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 without having paid the legal toll;

For each offence forfeits to the corporation injured the sum of twenty-five dollars, in addition to the damages resulting from his wrongful act.

Stats. 1853, 176, Sec. 32.

SEC. 521. The entire revenue derived from the road shall be appropriated, first, to repayment to the corporation the costs of its construction, with fifteen per cent. per annum interest thereon, together with the incidental expenses incurred in collecting tolls and keeping the road in repair. When the repayment is completed, the tolls must be so reduced as to raise no more than an amount sufficient to pay incidental expenses and to keep the road in good repair..

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when capi

tal invested

is repaid, reduced, etc.

tolls to be

gage and corporate

SEC. 522. The corporation may mortgage or hypothe- May mortcate its road and other property for funds with which to hypothecate construct or repair their road, but no mortgage or property. hypothecation is valid or binding unless at least twentyfive per cent. of the capital stock subscribed has been paid in and invested in the construction of the road and appurtenances, and then only after an affirmative vote of two-thirds of the capital stock subscribed.

Stats. 1853, 173, Sec. 19.

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