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belonging to the corporation, shall be prima facie evidence that such person was the agent, servant, or employé of the corporation, to receive the money and give the ticket or check mentioned. [Amendment in effect July 1, 1874.]

§ 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 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. [Amendment in effect July 1, 1874.]

§ 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.

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 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.

§ 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. [Amendment in effect July 1, 1874.]

[See Sections 454 et seq.]

109 Cal. 577; 125 Cal. 454.

§ 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.

98 Cal. 314.

TITLE V.

Wagon Road Corporations.

SEC. 512. Wagon roads, how must be laid out.

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 unreasonably.
519. Persons avoiding tolls to pay five dollars.

520. Penalties for trespasses on property of corporation.
521. When capital invested is repaid, tolls to be reduced, etc.
522. May mortgage and hypothecate corporate property.

523. This title applies to natural persons as well as corporations.

§ 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 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. [Amendment in effect July 1, 1874.]

95 Cal. 86.

§ 513. 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 highways 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.

§ 514. 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. [Amendment in effect May 28, 1874.]

88 Cal. 633; 122 Cal. 338.

§ 515. When any highway or public road is taken and used by any wagon road corporation as a part of its road, the corporation must not place a toll gate on or take tolls for the use of such highway or public road by teamsters, travelers, drovers, or any one transporting property over the same.

§ 516. The corporation must affix and keep up, at or over each gate, or in some conspicuous place, so as to be conveniently read, a printed list showing, first, the date when the franchise or privilege under which the right to collect tolls is claimed, was granted and the term of duration of said franchise; second, the date upon which rates of tolls were last fixed by the Board of Supervisors; and, third, the rates of tolls levied and demanded. Failure to comply with the provisions of this Act shall work an immediate forfeiture of franchise. [Amendment in effect February 14, 1901.]

§ 517. Each toll-gatherer may prevent from passing through his gate persons leading or driving animals or vehicles subject to toll, until they shall have paid, respectively, the tolls authorized to be collected.

57 Cal. 602; 117 Cal. 160.

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§ 518. Every toll-gatherer who, at any gate, unreasonably hinders or delays any traveler or passenger liable to the payment of toll, or demands or receives from any person more than he is authorized to collect, for each offense forfeits the sum of twentyfive dollars to the person aggrieved.

51 Cal. 490.

§ 519. Every person who, to avoid the payment of the legal toll, with his team, vehicle, or horse, turns out of a wagon, turnpike, or plank road, or passes any gate thereon on ground adjacent thereto, and again enters upon such road, for each offense forfeits the sum of five dollars to the corporation injured.

520. Every person who:

1. Willfully breaks, cuts down, defaces, or injures any milestone or post on any wagon, turnpike, or plank road; or,

2. Willfully breaks or throws down any gate on such road; or, 3. Digs up or injures any part of such road or anything thereunto belonging; or,

4. Forcibly or fraudulently passes any gate thereon without having paid the legal toll;

For each offense forfeits to the corporation injured the sum of twenty-five dollars, in addition to the damages resulting from his wrongful act.

§ 521. The entire revenue derived from the road shall be appropriated: first, to repayment to the corporation of the costs of its construction, together with the incidental expenses incurred in collecting tolls and keeping the road in repair; and, second, to the payment of the dividend among its stockholders, as provided in section five hundred and fourteen. When the repayment of the cost of construction is completed, the tolls must be so reduced as to raise no more than an amount sufficient to pay said dividend, and incidental expenses, and to keep the road in good repair. [Amendment in effect July 1, 1874.]

§ 522. The corporation may mortgage or hypothecate its road and other property for funds with which to construct or repair their road, but no mortgage or hypothecation is valid or binding unless at least twenty-five per cent of the capital stock subscribed has been paid in and invested in the construction of the road and appurtenances, and then only after an affirmative vote of two thirds of the capital stock subscribed.

80 Cal. 341.

§ 523. When a wagon, turnpike, or plank road 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. 79 Cal. 168; 80 Cal. 341; 98 Cal. 313.

TITLE VI.

Bridge, Ferry, Wharf, Chute, and Pier
Corporations.

SEC. 528. Corporation to obtain license from Supervisors.
529. In what contingencies corporate existence ceases.

530. President and secretary to make annual report, and what to contain. Damages for failing to report.

531. This title to apply to natural persons alike with corporations. § 528. No corporation must construct or take tolls on a bridge, ferry, wharf, chute, or pier until authority is granted therefor by the Supervisors.

136 Cal. 49.

§ 529. Every such corporation ceases to be a body corporate: 1. If, within six months from filing its articles of incorporation, it has not obtained such authority from the Board of Supervisors; and if, within one year thereafter, it has not commenced the construction of the bridge, wharf, chute, or pier, and actually expended thereon at least ten per cent of the capital stock of the corporation;

2. If, within three years from filing the articles of incorporation, the bridge, wharf, chute, or pier is not completed;

3. If, when the bridge, wharf, chute, or pier of the corporation is destroyed, it is not reconstructed and ready for use within three years thereafter;

4. If the ferry of any such corporation is not in running order within three months after authority is obtained to establish it, or if at any time thereafter it ceases, for a like term consecu tively, to perform the duties imposed by law.

§ 530. The president and secretary of every bridge, ferry, wharf, chute, or pier corporation must annually, under oath, report to the Board of Supervisors of the county in which the articles of incorporation are filed:

1. The cost of constructing and providing all necessary appendages and appurtenances for their bridge, ferry, wharf, chute, or

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