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not exceeding two hundred dollars, and imprisonment in the county jail for a term not exceeding six months, as the court may direct.

Sec. 7. All act and parts of acts in conflict with the provisions of this act are hereby repealed, so far as they conflict with the provisions of this act.

Sec. 8. This act shall take effect and be in force from and after its passage.

An act concerning street railroads. [Approved March 29, 1870; Stats. 1869-70, p. 418.] Section 1. The trustees, city council, or supervisors of all incorporated cities or towns, or the supervisors of any city and county, within the limits of such cities or towns, and the boards of supervisors of the various counties, outside of such cities or towns, sball have the right to grant to any person or corporation the right to lay down and maintain, for a term not exceeding twenty-five years, an iron railroad track or tracks, upon any streets or avenues or public highways in said cities or towns, or in said counties, outside of such cities or towns, and to run cars thereon to be propelled by horses (or otherwise, as hereinafter provided), and to carry passengers or freight thereon; provided, that whenever any other railroad or company shall be granted the use of the same street, or any part thereof, they shall pay for the use of the rails already laid, an equal share of the cost of constructing and maintaining the railroad on the street or part of the street thus occupied jointly, and thereupon shall be entitled to the joint use of such part of said railroad; but no such joint grant shall be made in the city and county of San Francisco for more than two blocks in all. [ Amendment, approved March 23, 1872, p. 575, superseding aniendment approved April 4, 1870, p. 786; took effect immediately.)

Sec. 2. The owners of said railroad shall plank, pave or nracada. mize, as the board of supervisors of the county, or the municipal authorities of the cities or towns, or authorities of any city or county, shall direct, that portion of the streets along which their railroad track shall be laid, the whole length thereof between the rails and tracks, and for a width extending two feet on each side of the track and keep the same constantly in repair, including crossings.

Sec. 3. The tracks of said railroad company shall not be more than five feet wide within the rails, with a space between the tracks sufficient for the free passage of the cars, and shall be laid, as nearly as possible, in the middle of the streets, and flush with the level of the streets, so as to offer as little obstruction as possible to the crossing of vehicles; and when any such road shall in. tersect any other road, the rails of each shall be cut or altered as to permit the cars to pass without obstruction; and nothing in this act shall be so construed as to prevent any other railroad company hereafter from crossing any road constructed under the provisions of this act, at any point on the line of the same; provided that except in the city and county of San Francisco said rails may be laid in any part of the streets that shall be approved by the trustees, city council, supervisors, or board of supervisors, by whom the grant was made. (Amendment, approved March 23, 1872, p. 575; took effect immediately.)

Sec. 4. For the purpose of laying down or repairing such railroad not more than the length of one block shall be obstructed, at any one time, nor for a longer period than ten working days.

Sec. 5. The rates of fare upon any such railroad shall be fixed by the authority granting the privileges herein provided for, but shall not exceed ten cents for any distance under three miles. Said city council, board of trustees, or supervisor or supervisors of counties, or of cities and counties, shall have power to enforce compliance with the rates of fare which they may establish, by such penalties as they may deem necessary.

Sec. 6. The cars upon any such railroad shall be of the most approved construction for the comfort and convenience of passengers, and shall be provided with sufficient brakes and other means of stopping the same when required. They shall, within the corporate limits of any city or town, be moved by horses or mules, and not otherwise, and at a rate of speed not exceeding eight miles per hour; and in case of a violation of this provision, the owner or owners, of any such railroad shall be subject to a fine of not exceeding one hundred dollars for each offense; but nothing in this act shall be so construed as to prevent the use of steam or any other protive power outside the corporate limits of any city or town, which the board of supervisors of the county may permit to be used. The rails shall be of the most approved pattern now in use for street railroads, and the cars shall be run at convenient hours of the day and night.

Sec. 7. Any person willfully obstructing any railroad herein provided for shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than fifty dollars, or imprisonment not to exceed thirty days.

Sec. 8. When any such privilege as herein specified is granted to any person or corporation, the order or ordinance granting the same shall describe particularly the termini and route: and unless the work on such railroad be commenced within one year after the privilege or franchise is granted, and unless the entire line be completed within three years after the said privilege or franchise is granted, all rights of the grantee under the order or ordinance shall be forfeited, and shall thenceforth cease and determine; pro. vided, the grantee at any time may, by and with the consent of the authorities granting such franchise, abandon any portion or part of such privilege or franchise; but such consent must, in each and every case, be in writing, and particularly describe the part or portion of the route or line intended to be abandoned.

Sec. 9. Nothing in this act, nor any privilege granted under its provisions, shall prevent the proper authorities of any city, town, or county from grading, sewering, paving, planking, macadamizing, altering or repairing any of the streets or roads over which such privileges, may be granted under the laws now in force, or which may be hereafter enacted; but all such work shall be done so as to afford as little obstruction as possible to the free passage of the cars, and the owners of any such road shall have the right to shift the rails thereof so as to avoid obstruction as much as possible,

Sec. 10. The owner of every such railroad shall pay to the authorities of the city, or town or county, as a license upon each car, such sum as said authorities may fix, not exceeding fifty dollars per annum in the city of San Francisco, nor more than twentyfive dollars per annum in other cities or towns; provided, where any such railroad shall connect or run through two or more cities or towns, a proportionate or equal share of such sum of money to be paid for license shall be paid to each of the said cities or towns, and not the whole amount of such license to any one city or town; and no such license money shall be due the county authorities where the same is paid to any city or town authority. The said city and town authorities are hereby authorized, subject to the provisions of this act, to make such further rules and regulations as may be necessary for the full and complete enjoyment of any franchisa granted by them for the purposes aforesaid, and for the enforcement of the conditions herein specified.

Sec. 11. 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 shall remain more than three years upon any one street; and it shall be laid level with the street, and shall be operated under such restrietions 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, and for this purpose shall not be restricted by any of the provisions of this act relative to the use of steam or other motive powers on street railroads; and nothing in this section shall, in any manner, extend to or authorize the granting of the right or privilege to use steam or other motive power for propelling cars within the corporate limits of any city or town, except for grading purposes; and every right, franchise or privilege heretofore granted by trustees, city councils, or supervisors of any county, or city and county, giving to any person or persons, companies or corporations, the right to lay down and maintain railroad tracks upon any street or public highway in any town, city, or city and county, and to run cars thereon for any of the purposes herein enumerated, is hereby, in all respects, confirmed, ratified and made valid for a period of three years, and no longer.

Sec. 12. All acts and parts of acts, so far as they conflict with the provisions of this act, are hereby repealed.

Sec. 13. This act shall take effect and be in force from and after its passage.

Act Cited.

People v. Rich, 54 Cal. 74; Omnibus R. R. v. Baldwin, 57 Cal. 165.


PLANK AND TURNPIKE ROADS. [The earliest act providing for the incorporation of plank and turnpike roads, consisted of “Chapter IV. Companies to construet Turnpike Roads or Plank Roads” of “An act concerning corporations, passed April 22, 1850, 347." This chapter was repealed by section 35 of the following act.]

An act to authorize the formation of corporations for the construc

tion of plank or turnpike roads.

[Approved May 12, 1853; Stats. 1853, p. 169.] Section 1. Nine or more persons may organize a joint stock company for the construction of a plank road, a turnpike road, or a plank and turnpike road in this state, in the following manner:

Sec. 2. They shall make and subscribe their declaration of intention to organize such company, and shall designate therein what kind of road, the general route, and the termini, as nearly as practicable, and shall also designate therein a time not less than ten days after publication, and place in one of the counties intended to be traversed by such road, for a meeting of the subscribers of the notice, for the purpose of a preliminary organization of such company, as hereinafter provided.

Sec. 3. Said ‘notice shall be published one week or more in one cr more newspapers in each of the counties intended to be traversed by such road, and if there be no newspaper published therein, then said notice shall be posted for the same period in five public places in said counties.

Sec. 4. At the time and place specified for the meeting of the subscribers, they shall proceed to the election, from their number, of a president, secretary and treasurer, and designate their corporate name, and shall file a certificate of the same, together with their declaration of intention, as provided in section ninth of this act, from which time they and their successors and all officers and stockholders, shall be and remain a body corporate. The officers shall hold their offices until the final organization of the company and the election of their successors, as is hereinafter provided.

Sec. 5. The company, after the preliminary organization, shall, as soon as practicable, cause a survey to be made of the proposed route, and shall determine the amount of capital stock required for the construction of the road, and also fix the number and valuation of shares, and to determine the period of its existence, which shall not exceed twenty years. They shall also open the books for subscriptions to stock in such company, at such time and place and in such manner, as they shall designate by vote.

Sec. 6. Until the final organization of the company, as hereinaf. ter provided, the members thereof shall be jointly and severally liable for all debts contracted prior to such final organization.

Sec. 7. As soon as the amount of the capital stock designated shall be subscribed, reasonable notice shall be given by the company to all resident stockholders of the state, in such manner company may direct, that a meeting of the stockholders will be held at a specified time and place, for the purpose of electing a president, secretary and treasurer, and a board of not less than five directors and officers, to fill such other offices as may be established, and of enacting by-laws for the company; and thereupon, at such specified time and place, the stockholders shall proceed to elect said officers, and perform such other acts as may be necessary for the Letter organization of the company. The officers specified in this section shall hold their offices one year and until their successors be elected, and thereafter such officers shall be annually elected. They shall be stockholders and residents of the state, except absent on business of the company, and shall be elected at such time and place, and upon such notice, and in such mode, as shall be decided by the by-laws of the company. But all elections shall be by ballot, and each stockholder, either in person or by proxy, shall be entitled to as many votes as he owns shares of stock. In such elections, a plurality of votes shall elect. Vacancies shall be filed in such manner as may be provided for in the by-laws. The president and secretary of the company shall be ex-officio nrembers of the board of directors, and the president and secretary thereof. Whenever any stock is held by any person as executor, administrator, guardian or trustee, he shall represent such stock at all

as the


meetings of the company, and may vote accordingly as a stockholder. Any stockholder may pledge his stock by a delivery of the cer: tificates or other evidence of his interest, but may nevertheless represent the same at all meetings, and vote accordingly as a stockholder.

Sec. 8. If it should happen at any time that an election shall not be made on the day designated by the by-laws of the company, the corporation shall not for that reason be dissolved; but it shall be lawful on any other day to hold an election in such manner as shall be provided for by the by-laws of the company; and all acts of directors and officers shall be valid and binding upon the corrpany until their successors shall be elected. A majority of the whole number of directors shall form a board for the transaction of business, and every decision of a majority of the persons duly assembled as a board, shall be valid as a corporate act.

Sec. 9. The meeting of directors shall be called by a notice, signed by the president or two directors, setting forth the time and place of the meeting, which notice shall be either delivered personally to each director, or published at least ten days in some newspaper of the county in which is the principal place of business of the corporation, or if no newspaper be published in the county, then in some newspaper nearest thereto.

Sec. 10, Unless the preliminary organization provided for in section four of this act, be made within one month after the publication of the original notice of declaration of intention, and unless the whole amount of capital stock designated shall be subscribed, and the final organization provided in section seven be made, within six months after such preliminary organization, and an equal to ten per cent or more of the capital stock be paid in, and the survey filed within one month after such final organization, then the company shall be deemed to have abandoned its intention, and shall be dissolved by operation of law.

Sec. 11. As soon as the preliminary organization shall have been made, the company shall file in the office of the county recorder in each county traversed by such road, a copy of the original notice of declaration of intention, and a certificate of the election of officers and of the corporate name; and as soon as the final organization of said company shall have been made, and an amount equal to ten per cent of the capital stock have been paid in, a certificate of the same, setting forth the whole amount of stock and the percentage therein paid, shall be filed as above provided in this section, and as soon as the survey and the route shall have been adopted, the same shall be filed in each county traversed by the road. Immediately after the filing of the notice, certificates and surveys, the recorder of the county first in alphabetical order, shall certify to the Secretary of State the fact of the complete organization of the company, as appearing on record in his office.

Sec. 12. The company shall have power;
First-To sue and be sued, in any court.

second-To make and use a common seal, and alter the same at pleasure.

Third-To purchase, hold, sell and convey, such real and personal estate, as the purposes of the corporation shall require.

Fourth-To appoint such officers, agents and servants, as the business of the corporation shall require, to define their powers, prescribe their duties, and fix their compensation.

Fifth-To require of them such security as may be thought proper for the fulfillment of their duties, and to remove them at will, er

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