road, franchises, revenues, and properties of said company from the operation of the mortgage created by this Act, and shall cause to be delivered to said company a written discharge of all obligations from the same, signed by the Chairman of the Board, and attested by their Clerk, under seal of the county. and restrictions. SEC. 8. It shall not be lawful for said company to pay out Conditions any money so loaned by the county, for the salary of officer any of the company, or for any other purpose than may be necessary for the actual construction of said road, or for procuring material therefor; and the Board of Supervisors, or the Chairman of said Board, shall at all times have access to the books of the company, and may examine, under oath, any officer or employé of said company who may be charged with the management or disbursement of said loan, in regard to its disposition; and upon proof of the perversion of said loan, or any portion thereof, to any purposes not allowed by this Act, the Chairman of said Board of Supervisors shall refuse to certify any further expenditure, and shall notify the Treasurer not to pay any further instalments of said loan, and the said company shall forfeit all further benefits of said Act. SEC. 9. All money paid in to the Treasurer on account of this loan, shall be placed to the credit of the Railroad Interest Fund. SEC 10. This Act shall take effect from and after its passage. CHAP. CCLXXXVIII.-An Act requiring the County Judge of Santa Clara County to keep Chambers at the County Seat of his county. [Approved April 21, 1863.] The People of the State of California, represented in Senate and SECTION 1. The County Judge of Santa Clara County shall Business keep Chambers at the county seat of his county; said Chambers days. shall be open for the transaction of business every day in the year, except Sundays, New Year's Day, Fourth of July, Christmas Day, Thanksgiving Day, and the days on which the General Election and Special Judicial Election are held, from the hour of ten o'clock in the morning, till four o'clock in the afternoon. SEC. 2. This Act shall take effect and be in force from and after the first day of January, in the year one thousand eight hundred and sixty-four. Franchise. CHAP. CCLXXXIX.-An Act to authorize the construction and maintenance of a Wharf in the County of Contra Costa. [Approved April 21, 1863.] The People of the State of California, represented in Senate and SECTION 1. M. S. Chase, and such others as he may associate with him, and their assigns, are hereby authorized to construct and maintain a wharf in Contra Costa County, at a place where the land of the said M. S. Chase fronts the southerly bank of the San Joaquin River, distant about half a mile east from the Town of Antioch, and known as the Fuller Point. SEC. 2. The said M. S. Chase, his associates, or assigns, are hereby authorized to use, for the purposes aforesaid, a strip of land, not exceeding two hundred yards along the river front, and extending into the river far enough, without obstructing the navigation thereof, to accommodate the draft of such vessels or boats as the commerce of the district may require. SEC. 3. The construction of the wharf hereby authorized shall be commenced within one year after the passage of this Act, and the right and privilege hereby granted shall continue for the term of twenty-five years from the date hereof, the rates of wharfage and dockage at and upon said wharf being subject to regulation, from time to time, by the Board of Supervisors of the county in which said wharf is or may be situated. Franchise. Route of road. CHAP. CCXC.-An Act to provide for a Street Railroad within the [Approved April 21, 1863.] The People of the State of California, represented in Senate and SECTION 1. The right is hereby granted to Isaac Rowell, J. W. Reay, Michael Fennell, Lawrence C. Owen, William F. Hall, and E. W. Casey, E. T. Pease, A. R. Baldwin, C. A. Eastman, A. J. Gladding, M. P. Jones, John Gordon, and John W. Cherry, their associates, and assigns, to construct, lay down, and maintain an iron railroad within the City and County of San Francisco, along and upon the following streets, namely: Commencing at the intersection of Chestnut and Stockton streets; thence along and upon Stockton street to Union street; along Union to Dupont street; along Dupont street to the intersection of Market street; and from the intersection of Montgomery and Market streets, along and upon Market to Fifth street; across Market to Fifth street; along Fifth to the city front; and from the intersection of Mason and Washington streets, along Washington to Powell street; along Powell to Broadway; along Broadway to Dupont street; along Dupont street to Pacific street; along Pacific to Drumm street; along Drumm_street to Washington street; along Washington street to Davis street; along Davis to Market street; along and across Market to Fremont street; along Fremont to Mission street; along and upon Mission street from East street to Navy street; and from the intersection of Dupont and Sacramento streets, along Sacramento to Davis street; and from the insection of Mission and Sparks street, along Sparks to Dolores street; along Dolores to Corbitt street; along Corbitt to Mission street. The said grantees, their Rights of associates, and assigns, are hereby authorized and empowered grantees. to construct, lay down, and maintain, upon the streets mentioned in this Act a single or double track railroad, at their option, with the proper and necessary switches and turn outs along the entire route, and run cars thereon, not exceeding twentyfour feet in length, at covenient hours of every day and night, for the transportation of passengers and freight; the rails to be of the most improved pattern used in the eastern cities; pro- Conditions. vided, that if any other railroad company shall at any time obtain the right to construct a railroad track on any portion of the streets herein named, such other company shall have the right to use the rails of the grantees herein named, on not exceeding five blocks, upon paying one half of the expense of constructing and maintaining the railroad on that portion of the track so used. With the consent of the Central Railroad Company, the grantees herein named, their associates, and assigns, may run on Davis street, from Pacific to Market street; provided, that no Proviso. railroad track shall be laid on Market street until the written consent of the owners of more than half of the property fronting on the line of said track on Market street is first obtained, estimating said property by the front foot. SEC. 2. The owners of said railroad shall pave, macadamize, Conditions. or plank, (as the proper authorities of the said city and county may direct), the streets through which the said railroad shall run, along the whole length thereof, for a width extending two feet on each side of said railroad, and shall keep the same constantly in repair. SEC. 3. The track of said railroad shall be not more than five feet wide within the rails, with a space between the double tracks sufficient for the passage of the cars; it shall be laid as nearly as possible in the centre of each street, and flush with the level of the street, and so as to offer as little obstruction as possible to the crossing of vehicles; and where the roads herein provided for shall intersect any other road, the rails of each road shall be so altered or cut as to permit the cars to cross without obstruction; and nothing in this Act shall be so construed as to prevent any other railroad company hereafter formed from crossing the roads herein mentioned, at any point, in like manner, in the City and County of San Francisco. SEC. 4. For the purpose of laying down or repairing the said railroad, not more than the length of one block in any one street within the present fire limits of the city and county shall be obstructed at any one time, nor for a longer period at one time than ten working days. Rates of fare. SEC. 5. The rate of fare on said railroad shall not exceed five cents for each passenger for any distance, going or returning; provided, that it shall be unlawful for any person or persons, corporation, or joint stock company, or association, running passenger cars upon any street railroad laid down and maintained by virtue of the franchise herein granted, to demand of or receive from any person desiring to be conveyed, or being conveyed, or purchasing tickets for passage on such railroad, a sum of money greater than is allowed by the provisions of this Act; Penalty for and for each and every violation of the provisions of this secovercharge. tion, such person or persons, corporation, joint stock company, Cars. Speed. Duration of franchise. or association, so demanding or receiving such sum, or whose Agent or Agents, employé or employés, shall demand or receive such sum, shall forfeit to the person so overcharged the sum of two hundred dollars, to be recovered in a civil action in any Court of competent jurisdiction. SEC. 6. The cars upon said railroads shall be of the most approved construction for the comfort and convenience of passengers, and shall be provided with sufficient brakes and other means for stopping the same when required; they shall be moved by horses or mules, and not otherwise, and at a speed not exceeding eight miles an hour; and in case of a violation of this provision, the owner or owners of said railroad shall be subject to a fine not exceeding one hundred dollars for each offence. SEC. 7. Any person wilfully obstructing the said railroad, shall be deemed guilty of a misdemeanor, and punished accordingly. SEC. 8. The franchises and privileges herein granted shall continue for the period of twenty-five years from and after Conditions. the passage of this Act; provided, nevertheless, that the whole line of said railroad shall be completed, at least upon a single track, and passenger cars running thereon, within three years from and after May first, eighteen hundred and sixty-three; and the grantees shall, within six months after the passage of this Act, commence the construction of said road, but no time during which they shall be prevented therefrom by legal process shall be counted as a part of said time, and shall, within three months after the passage of this Act, execute to the City and County of San Francisco a bond, with good and sufficient securities, to be approved by the County Judge of said city and county, payable in the sum of thirty thousand dollars, conditioned for the completion of the railroad according to the requirements and privileges of this Act, and file the same with the Treasurer of said city and county, for the benefit thereof; and upon a failure to comply with the provisions of this section, the franchises and privileges hereby granted shall utterly cease and determine, and the amount of the said bond may be recovered from the obligors therein named in an action brought in the name of The City and County of San Francisco. Owners re quired to sell road, etc., to city and county. SEC. 9. The owners of said railroad are required to sell, transfer, and convey the same, together with the cars which may be employed thereon, to the City and County of San Francisco at any time after the expiration of fifteen years from the completion of the same, upon a demand being made to that effect by the said city and county, and upon the payment to said parties by said city and county of the appraised value thereof, exclusive of the value of said franchises. On the purchase of said road, they, together with the franchises, shall vest in the said city and county; said appraisal to be made by five Commissioners, in the manner following: The Board of Supervisors of the City and County of San Francisco shall appoint two Commissioners, and notify the grantees or their assigns of such appointment, who, within ten days after the receipt of such notice, shall appoint two Commissioners, and notify the Board thereof; the four Commissioners so appointed shall elect a fifth, but in Appraisers. case of their inability to agree upon such fifth Commissioner within ten days, he shall be appointed by the County Judge of said city and county. In case of the failure of the grantees or their assigns to appoint Commissioners on their part, as above provided, or in case of their refusal to act, the County Judge shall have the power of appointing them. Said Commissioners shall make their appraisement and present their report within thirty days after the completion of the commission, and file the same in the office of the Clerk of the Board of Supervisors; a majority of said Commissioners shall constitute a quorum, and the award of the majority shall be final and binding upon the parties. The amount of the award shall be paid by the Treasurer of the city and county to the grantees, or their assigns, within sixty days after the filing of said award, and thereupon. the title to the said railroad and cars shall vest in the city and county. rights of city SEC. 10. Nothing in this Act shall be so construed as in Reserved any wise to prevent the proper authorities of the said City and and county. County of San Francisco from sewering, grading, paving, planking, repairing, or altering any of the streets hereinbefore specified, but all such work shall be done, if possible, so as not to obstruct the free passage of the cars upon the said railroad, and when the same shall not be possible, the said authorities, before the commencement of such work, shall allow the owners of said railroad time sufficient to enable them to shift the rails, or take other means, so as to avoid said obstruction during the continuance thereof, which they, the said owners, are hereby authorized to do. SEC. 11. The owners of said railroad shall pay to the City License. and County of San Francisco the sum of fifty dollars per annum, as a license, upon each car used by them upon said railroad, which payments shall be made quarterly to the said city and county. SEC. 12. The Board of Supervisors of the City and County Powers of of San Francisco, or their legal successors, are hereby author- Supervisors. ized and empowered to grant to the said parties named in the first section of this Act, their associates, and assigns, such additional rights, privileges, and grants, as said parties, their associates, and assigns, may desire or deem necessary for the full and complete enjoyment of the franchise and privileges created and granted by this. Act. SEC. 13. All Acts or parts of Acts conflicting with the provisions of this Act are hereby repealed, and this Act shall be in force from and after its passage. |