erty, other than public property, on the line of said elevated portion applied for. Enacted March 27, 1895; stats. 1895, p. 241. To apply to all railroad companies. § 493. The provisions of section four hundred and ninety-two shall apply to any railway corporation heretofore or hereafter incorporated. Amended March 21, 1905; stats. 1905, p. 576. NOTE.- 493. The change consists in the substitution of the words "section four hundred and ninety-two" in place of "this act." § 494. [As approved March 22, 1899; stats. 1899, p. 178. Repealed March 21, 1905; stats. 1905, p. 576.] NOTE. § 494. In 1899 a section relating to the sale of railroads was added to the code, and numbered 494. In 1903 a new section was added, also numbered 494, and clearly intended to supersede the old section 494. Accordingly, it is thought advisable to repeal the earlier section. Sale of property to another railroad. § 494. Any railroad corporation, person or persons, firm or corporation, owning any railroad in this state, may sell, convey, and transfer its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of congress; and any other such railroad corporation receiving such conveyance may hold and operate such railroad franchises and property within this state, build and operate extensions and branches thereof, and thereunto exercise the right of eminent domain, and do any other business in connection therewith, as fully and effectually to all intents and purposes as if such corporation were organized under the laws of this state; provided, that before such sale, conveyance, or transfer shall become operative, an agreement in writing must be executed by the parties thereto, containing the terms and conditions of the purchase and sale, and its execution must be authorized by the board of directors and ratified by three fourths of the stockholders of each of the railroad companies that are parties to such conveyance and transfer, and said agreement or conveyance shall be recorded in each county through which said road or roads pass in this state; and provided further, that no sale, conveyance, or transfer under this act shall relieve the franchise or property sold, conveyed, or transferred, from the liability of the grantor contracted or incurred in the operation, use, or enjoyment of such franchise or any of its privileges; provided, that this section shall not authorize any corporation to purchase any railroad property operated in competition with it; and provided further, that any or all established rates for fares and tolls for carrying passengers or freight between any points upon any railroad purchased under the provisions of this act, shall not be increased without the consent of the governmental authority in which is vested by law the power to regulate fares and freights; and provided further, that whenever a railroad corporation, which has purchased any line of road under this act, shall for the purposes of competing with any other common carrier lower its rates for transportation of passengers or freight from one point to another upon such line purchased, such reduced rates shall not be again raised or increased from such standard without the consent of the governmental authority in which shall be vested the power to regulate fares and freights; and provided further, that for every violation of the provisions of this act on the part of the directors or governing officers of said corporation, the state shall be entitled to recover from such offending railroad company the sum of ten thousand dollars. It is hereby declared to be the duty of the attorney general of the state, in the event of any such violation, to demand and collect from such company the said penalty; and he is hereby authorized and empowered to prosecute all the necessary actions in the name of the people of the State of California against such company in the courts of the state. All money so collected shall be paid into the general fund of this state. Enacted February 27, 1903; stats. 1903, p. 50. TITLE IV. Street Railroad Corporations. (For acquisition and sale of franchises, see "Franchises," statutes at large, Appendix; see, also, "Street Railroads.") SEC. 497. 498. 499. 500. 501. 502. 503. 504. 505. 506. 507. 508. 509. Authority to lay street railroad track, how obtained. Two corporations may use the same track. Time allowed for completion of work of laying down track. Penalty. Extension of time. May make further regulations and rules. Penalty for overcharging. To provide and furnish passenger tickets. Penalty. City or town to reserve certain rights. License to be paid to city or town. Track for grading purposes. 510. What provisions of title III are applicable to street 511. railroads. Title applicable to natural persons alike with corporations. Authority to lay street railroad track, how obtained. § 497. Authority to lay railroad tracks through the streets and public highways of any incorporated city, city and county, or town, may be obtained for a term of years not exceeding fifty, from the trustees, council, or other body to whom is intrusted the government of the city, city and county, or town, under such restrictions and limitations, and upon such terms and payment of license tax as the city, city and county, or town authority may provide. In no case must permission be granted to propel cars upon such tracks otherwise than by electricity, horses, mules, or by wire ropes running under the streets and moved by stationary engines, unless for special reasons in this title hereinafter mentioned; provided, however, that such board or body in granting the right, or at any time after the same is 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 tenances used by such railways jointly; but in no case shall a company owning or operating one line of street railway be permitted to condemn the right to occupy and use the same street or tracks for a distance of more than five blocks consecutively. Where such portion of such street shall be occupied by a track or tracks of a different guage from the track or tracks proposed to be constructed thereon by a line of street railway under a different management, such last mentioned line of street railway may nevertheless construct its track or tracks, subject to the limitation before prescribed, over the same ground as may be occupied by such prior track or tracks; provided, the same can be so constructed as not to interfere with the operation of such prior track or tracks beyond such necessary interference therewith as shall be incident to such construction with reasonable skill, care and diligence. Amended March 21, 1907; stats. 1907, p. 837. 54 Cal. 74; 57 Cal. 168; 91 Cal. 452; 115 Cal. 297; 129 Cal. 182; 135 Cal. 659. Crossing tracks-Obstructions. § 500. Any proposed railroad track may be permitted to cross any track already constructed, the crossing being made as provided in chapter two, title three, of this part. In laying down the track and preparing therefor, not more than one block must 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 cents for one fare for any distance under three miles, and in municipal corporations of the first class must not exceed five cents for each passenger per trip of any distance in one direction, either going or coming, along any part of the whole length of the road or its connections. The cars must be of the most approved construction for the comfort and convenience of passengers, and provided with brakes to stop the same, when required. A violation of the provisions of this section subjects the corporation to a fine of one hundred dollars for each offense. Amended March 16, 1903; stats. 1903, p. 172. 97 Cal. 563; 134 Cal. 485. |