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Rates of fare for railroad corporations: See sec. 489, C. C.
Act limiting and fixing rates of fares: See post, Statutes at Large, title “Railroads."
Act permitting letter carriers to ride free: See post, Statutes at Large, title “Railroads."
Section 5 of the street railroad act of 1879, page 482, is the basis of this section.
The original section made no provision for rate of fare in municipalities of the first class, and restricted the rate of speed to eight miles an hour.
Driscoll v. Cable Railway Co., 97 Cal. 563, 33 Am. St. Rep. 203, 32 Pac. 591; Schneider v. Market St. Ry. Co., 134 Cal. 485, 66 Pae. 734.
Rate of Speed— Negligence.-Held, prior to amendment, that the fact that a car was running in excess of the statutory limit of speed, kas evidence of negligence. (Driscoll v. Cable Ry. Co., 97 Cal. 563, 33 Am. St. Rep. 203, 32 Pac. 591; Schneider v. Market St. Ry. Co., 134 Cal. 485, 66 Pac. 734.)
TIME ALLOWED FOR COMMENCING AND COMPLETING WORK
-PENALTY-EXTENSION OF TIME. Sec. 502, C. C. 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 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 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. Amd. 1895, 17.
Forfeiture, for failure to commence work, of railroad corporations: See sec. 468, C. C.; generally, see sec. 358, C. C.
Section 8 of the street railroad act of 1870, page 483, is the basis of this section. The original section is as follows: “Sec. 502. Work to construct the railroad must be com mrenced within one year from the date of the ordinance granting the right of way and the filing. of articles of incorporation, and the same must be completed within three years thereafter. A failure to comply with these provisions works a forfeiture of the right of way as well as of the franchise, unless the uncompleted portion is abandoned by the corporation, with the consent of the authorities granting the right of way-such abandonment and consent to be in writing.”
Omnibus R. R. Co. v. Baldwin, 57 Cal. 178, in dissenting opinion of Ross, J.; People ex rel. v. Los Angeles etc. Co., 91 Cal. 341, 27 Pac. 673; City of San Pedro v. Railroad Co., 101 Cal. 337, 35 Pac. 993, 49 Pac. 736; People v. Sutter St. Ry. Co., 117 Cal. 611, 612, 616.
Commencement and Completion of Work.-The period of three years within which a street railway must be completed begins from the date of the commencement of the work, and not from the date of the ordinance granting the right of way. (People v. Los ingeles etc. Co., 91 Cal. 338, 27 Pac. 763.)
The municipality has no power to extend the time within which the track must be completed. That is fixed by this section, and a different period cannot be fixed in the grant of the franchise. (People v. Sutter St. Ry. Co., 117 Cal. 611, 49 Pac. 736.)
But at any time within three years from the commencement of the work on a street railroad, the grantee of the franchise may, with the consent of the authorities granting the right of way, abandon the uncompleted portion. (People 7. Los Angeles etc. Co., 91 Cal. 338, 27 Pac. 763.)
This section does not declare how much work shall constitute a commencement, but there must be a bona fide commencement of construction, and a prosecution thereof with reasonable diligence. (Omnibus R. R. v. Baldwin, 57 Cal. 160, Ross, J., in dissenting opinion.)
When there is an oral agreement that a note given in payment for railroad stock is not to be paid unless the railroad is constructed before maturity, in consideration of the note, upon failure to complete the road, as agreed, there is a failure of consideration. (Jeffer. son v. Hewitt, 103 Cal. 624, 37 Pac. 638.)
Forfeiture.—Held, aliunde, that no forfeiture for a failure to com. mence or complete the road would arise in the absence of a statutory declaration to that effect. (San Pedro v. Railroad Co., 101 Cal. 337, 35 Pac. 993.)
While a forfeiture at common law does not operate to devest the title to the thing forfeited, until a suit is instituted for that purpose, aud the rights of the state are established by judgment, yet it is otherwise when a forfeiture is declared by statute. (Oakland etc. R. R. v. 0. B & F. V. R. R., 45 Cal. 365, 13 Am. Rep. 181. To same effect: Ross, J., in Omnibus R. R. v. Baldwin, 57 Cal. 179; Upham v. Hosking, 62 Cal. 258. Distinguished: Arcata v. Arcata etc. Co., 92 Cal. 646, 28 Pac, 676. Note citations: 5 Am. St. Rep. 806, 807; 8 Am. St. Rep. 197.)
Effect of Amendment of 1895 on Prior Forfeiture.- The effect of the amendment of 1895 (Stats. 1895, p. 17) is that the new provisions do not affect existing franchises; that as to them the board cannot exercise the power conferred by the amendment to extend the time for completion. (People v. Sutter St. Ry. Co., 117 Cal. 613, 49 Pac. 736.)
MAY MAKE FURTHER REGULATIONS AND RULES.
Sec. 503, C. C. Cities and towns in or through which street railroads run may make such further regulations for the gove ernment 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.
Section 10 of the street railroad act of 1870, page 483, is the basis of this section.
Ex parte Lorenzen, 128 Cal. 436, 79 Am. St. Rep. 47, 61 Pac. 68.
Adoption of Regulations. It is strictly within the power of the municipal authorities, and properly within the exercise of their duties, to pass any reasonable regulations affecting street-car lines, to remedy a threatened or actual interference with the comfort, conrenience, and general welfare of the traveling public. An ordinance regulating the giving and taking of transfers held reasonable and valid. (Ex parte Lorenzen, 128 Cal. 436, 79 Am. St. Rep. 47, 61 Pac. 68.)
PENALTY FOR OVERCHARGING.
Sec. 504, C. C. 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. En. March 21, 1872.
The basis of this and the following three sections is the act of 1863, page 297, relating to street railroads.
TO PROVIDE AND FURNISH PASSENGER TICKETS-PEN
ALTY. Sec. 505, C. C. 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 prescribed, 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. Amd. 1873-74, 213; 1883, 84.
For basis of section, see sec. 504, C. C., ante. The original section is substantially the same as the above, except that it does not contain the proviso. The amendment of 1873-74 changed “their” to “its," “ fixed” to "prescribed,” and “must pay" to "shall forfeit."
PROOF OF AGENCY.
Sec. 506, C. C. 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. En. March 21, 1872. Amd. 1873-74, 213.
For basis of section, see sec. 504, C. C., ante.
The original section is as follows: “Sec. 506. Upon the trial of any action for the forfeiture named in the two preceding sections, proof that the person demanding or receiving 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 primary evidence that such person so demanding or receiving such moneys was the agent, servant, or en of the corporation so owning, using or employing such railroad.”
Sec. 507, C. C. 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. Amd. 1873-74, 214.