the franchise and the enforcement of the conditions provided herein. Enacted March 21, 1872. 128 Cal. 436. Penalty for overcharging. § 504. 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 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. Enacted March 21, 1872. To provide and furnish passenger tickets-Penalty. § 505. 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. Amended March 13, 1883; stats. 1883, p. 84. Agency, proof of, in case of trial. § 506. 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 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 corporation, to receive the money and give the ticket or check mentioned. Amended March 30, 1874; amendts. 1873-4, p. 213. City or town to reserve certain rights. § 507. 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 can not 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. Amended March 30, 1874; amendts. 1873-4, p. 214. License to be paid to city or town. § 508. 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. Enacted March 21, 1872. Track for grading purposes. 509. 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 corporation 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. Enacted March 21, 1872. What provisions of title III are applicable to street railroads. § 510. 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. Amended March 30, 1874; amendts. 1873-4, p. 214. [Title III. See § 454 et seq.] 109 Cal. 577; 125 Cal. 454; 153 Cal. 507. Title applicable to natural persons alike with corporations. § 511. 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. Enacted March 21, 1872. 98 Cal. 314; 153 Cal. 507. TITLE V. Wagon Road Corporations. (Toll roads: See Pol. C. §§ 2779 to 2832.) Wagon roads, how must be laid out. SEC. 512. 513. 514. 515. 516. 517. 518. 519. 520. Survey and map to be filed and approved by supervisors. Tolls, etc., to be collected. Penalty for taking unlaw- No tolls to be charged on highways or public roads. Toll-gatherer may detain persons until they pay tolls. Penalties for trespasses on property of corporation. 523. 524. Municipal corporations may construct paths and roads for use of bicycles and other horseless vehicles. Wagon roads, how must be laid out. § 512. 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 granted, to use electricity or any other of said modes, shall have power to impose such terms, restrictions, and limitations as to 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. Amended February 25, 1891; stats. 1891, p. 12. 57 Cal. 167, 175; 90 Cal. 38; 91 Cal. 340, 454; 105 Cal. 92; 117 Cal. 611; 142 Cal. 228. Restrictions and limitations to the grant of the right of wayManner of constructing tracks. $498. The city or town authorities, in granting 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. Amended April 3, 1876; amendts. 1875-6, p. 77. 57 Cal. 518; 87 Cal. 599; 89 Cal. 309; 146 Cal. 638. Two corporations may use the same track. § 499. Two or more lines of street railway, operated under different managements, may by lease or contract, use the same street or tracks upon such terms as may have been agreed upon between the companies operating such railways; and two lines of street railway operated under different managements may be permitted to use the same street or tracks for a distance of five blocks without such lease or contract, upon payment of an equal portion for the construction of the tracks and appur $ 499 CIVIL CODE. tenances used by such railways jointly; but in no rail a company owning or operating one line of street or tracks of a different guage from the track or tracks to be constructed thereon by a line of street raila 54 Cal. 74; 57 Cal. 168; 91 Cal. 452; 115 Cal. Crossing tracks-Obstructions. suc as 143 shall ay be street gively. track posed under street subround prowith jeces pro down § 500. Any proposed railroad track may be permitted to any track already constructed, the crossing being made vided in chapter two, title three, of this part. In laying the track and preparing therefor, not more than one block be obstructed at any one time, nor for a longer period than ten working days. Enacted March 21, 1872. Crossing other railroads: Civ. C. § 465 et seq. Rates of fare, speed, etc. § 501. The rates of fare on the cars must not exceed ten Amended March 16, 1903; stats. 1903, p. 172. con 129 |