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Legislative History.

Section 9 of the street railroad act of 1870, page 483, is the basis of this section. The original section is as follows: “Sec. 507. 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 same necessary, the corporation must shift its rails so as to avoid the obstructions made thereby.”

LICENSE TO BE PAID TO CITY OR TOWN.

Sec. 508, C. C. Each street railr ad 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 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.

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Licenses: See Pol. Code, sec. 3356 et seq.

Legislative History.

Section 10 of the street railroad act of 1876, page 483, is the basis of this section.

Annotation.

Under Freeholder Charters.—So far as relates to cities having freeLolders' charters, it may be doubted whether this section has any further application. (Ex parte Braun, decided Nov. 30, 1903.)

TRACK FOR GRADING PURPOSES.

Sec. 509, C. C. 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

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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 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. En. March 21, 1872.

Legislative History.

Section 11 of the street railroad act of 1870, page 483, is the basis of the section.

FROVISIONS OF TITLE III APPLICABLE TO STREET RAIL

ROADS. Sec. 510, C. C. 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. Amd. 1873-74, 214.

Title III: See sec. 454, C. C., et seq.

Legislative History.

The original section is as follows: “Sec. 510. All the provisions of title III, of this part, are applicable to street railroads, unless where street railroads are therein specially excepted, or the provisions are palpably inapplicable."

Section Cited.

Market St. Ry. v. Hellman, 109 Cal. 577, 42 Pac. 225, 583, 584; Boyd v. Heron, 125 Cal. 454, 58 Pac. 64.

Annotation.

Construction of Section.- Under the rule that “Particular expres. sions qualify those which are general,” the particular expressions of this section are held to qualify and limit the meaning of section 288, to “the laws under which such corporations were formed and exist,” and not to the whole body of laws enacted for the govern. m.ent and control of the future acts and conduct of corporations. (Market St. Ry. v. Hellman, 109 Cal. 583, 42 Pac. 225.)

The provisions of the Civil Code in relation to the consolidation of street railroad corporations (C. C., sec. 473), apply equally to corporations formed and existing before and after the adoption of the code, and this section applies the same rule to the consolidation of all street railroad corporations. (Market St. Ry. v. Hellman, 109 Cal. 584, 42 Pac. 225.)

By this section the provisions of sections 456 and 457 of the Civil Code, relating to “Railroad Corporations,” and providing for a bonded indebtedness, are made applicable to street railway corporations. (Boyd v. Heron, 125 Cal. 454, 58 Pac. 64.)

TITLE APPLICABLE TO NATURAL PERSONS ALIKE WITH

CORPORATIONS. Sec. 511, C. C. When a street railroad is constructed, owned, er 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.

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Section Cited.

Gregory v. Blanchard, 98 Cal. 314, 33 Pac. 199; Railroad Comrmrs. v. Market St. Ry., 132 Cal. 678, 64 Pac. 1065.

Annotation.

Sale of Corporate Franchise.- A franchise is merely a privilege, and is not the subject of sale and transfer without the consent of the authority by which it is granted. Section 388 of the Code of Civil Procedure provides for the sale of the franchise of a corporation under execution, and this section does not extend the terms of that section so as to include franchises held and owned by natural persons. (Gregory v. Blanchard, 98 Cal. 311, 33 Pac. 199.)

Corporation Laws-25

TITLE V.

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 trespass 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.

THREE COMMISSIONERS TO ACT WITH SURVEYOR.

Sec. 512, C. C. Where a corporation is formed for the con. struction 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. Amd. 1873-74, 214.

Wagon road corporation: See ante, secs. 291-294, C. C.

Legislative History.

Section 2 of the wagon road act of 1853 is the basis of this section. The original section did not have the first clause down to and includ. ing the words “as follows." After the last “supervisors” it had the words “who pointed them.

Section Cited.

Blood v. Woods, 95 Cal. 86, 30 Pac. 129.

SURVEY AND MAP TO BE FILED AND APPROVED BY SUPER

VISORS. Sec. 513, C. C. 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. En. March 21, 1872.

TOLLS, ETC., TO BE COLLECTED-PENALTY FOR TAKING UN

LAWFUL TOLLS. Sec. 514, C. C. 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. Amd. 1873-74, 214; 1873-74, 272.

Sale of franchise under execution: See ante, sec. 388, C. C.
Toll roads: Pol. C., sec. 2779 et seq., post.

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