This act authorized railroads using steam to use electricity or steam, or both, provided that in incorporated cities of more than five thousand inhabitants authority must be obtained. АСТ 2925. To compel the operation of railroads. [Stats. 1880, p. 43.] Citations. App. 3/683. АСТ 2926. To provide for the management and operation of railroads above centain elevations. [Stats. 1897, p. 5.] Codified by 468 of Civil Code. АСТ 2927. To enable railroad companies to complete their roads. p. 944.] This act appears in full in Appendix, Civil Code, p. 1929. [Stats. 1877-78, АСТ 2928. To ratify ordinances passed by the governing bodies of municipal corporations, giving permission to propel cars by electricity. 1891, p. 12.] This act appears in full in Appendix, Civil Code, p. 1929. ACT 2929. [Stats. Rates of fare on street railroads in cities of more than one hundred thousand inhabitants. [Stats. 1877-78, p. 18.] This act appears in full in Appendix, Civil Code, p. 1930. АСТ 2930. Requiring street railroad corporations to allow United States mail carriers to ride free of charge. [Stats. 1893, p. 44.] This act appears in full in Appendix, Civil Code, p. 1932. АСТ 2931. An act to authorize cities and towns to grant franchises for the construction and maintenance of railroads beyond the limits of such cities or towns leading to public parks owned thereby. [Became a law, under constitutional provision, without governor's approval, March 1, 1897. Stats. 1897, p. 46.] "See 1901, p. 267; 1907, p. 780; in both of which references this act is incorrectly referred to as chapter forty instead of chapter fifty."-Code Commissioners' Note. § 1. It shall be lawful for the council, trustees, or other governing body of any city or town owning public parks situated outside of said city or town, to grant franchises for the building and operation of rail roads from any point in, or at the exterior boundary of such city or town, to, in, or through such park, in the same manner and to the same extent as it now has power to grant the same for street railroads within the limits of such city or town; provided, that in addition to all other conditions, it shall be made a condition of such franchise that the fare of passengers on such road or roads shall never exceed five cents for a single trip. § 2. All railroads, except as otherwise provided in this act, authorized by this act to be so chartered shall be governed by the provisions of Part IV, Title IV, of the Civil Code of California, concerning street railroads and corporations, so far as the same shall be applicable thereto, and of all acts amendatory thereof. Also by the provisions of "An act providing for the sale of railroad and other franchises in municipalities and relative to granting of franchises," approved March twenty-third, eighteen hundred and ninety-three. §3. This act shall take effect immediately. АСТ 2932. To promote the safety of employees and passengers upon street railroads, by compelling equipment of cars and dummies with fenders and brakes, and to prescribe penalties. [Approved March 22, 1899. Stats. 1899, p. 183.] Codified by § 369a of Penal Code, 1905. АСТ 2933. An act requiring persons, corporations, receivers or trustees operating lines of railway to furnish cars for shipment of freight upon written application from shippers of freight and providing a penalty and damages to be paid by such persons, corporations, receivers or trustees to shippers for failure to do so and providing a penalty and damages to be paid to persons, corporations, receivers or trustees operating such railway lines by the applicant or shipper for failure to load or unload cars so furnished. [Approved April 20, 1909. Stats. 1909, p. 1007.] Duty of railroads to supply cars to shippers. Time in which to furnish cars. § 1. When the owner, or manager or shipper of any freight of any kind shall make application in writing to any superintendent, agent or other person in charge of transportation of any railway company or person, corporation, receiver or trustee operating any line of railway, at the point where cars are desired upon which to ship any freight, it shall be the duty of such railway company, corporation, receiver, trustee or other person in charge thereof, to supply the number of cars so required at the point indicated in the application within the time hereinafter specified after receipt of such application, and such railway company, person, corporation, trustee or receiver shall supply such cars to the persons so applying therefor in the order in which such applications are made with out giving any preference to any person; provided, if the application be for ten cars or less, the same shall be furnished in five days; provided, if the application be for ten cars and less than fifty cars the same shall be furnished in ten days; and provided further, that if the application be for fifty cars or more, such railway company, person, corporation, receiver or trustees shall have fifteen full days in which to supply the cars, if the application be for cars for the transportation of perishable freight the number of cars applied for shall be furnished within forty-eight hours; provided, that the point to which said freight is to be shipped is on the line of the railway company to which such application for cars is made or on the line of a railroad with which the railway company to which such application is made has connections and to which point it ordinarily receives freight for shipment; and provided further, that railway companies to which such application may be made shall not be obligated under the terms hereof to furnish cars of any class required for the transportation of the class of commodity to be shipped and for which application is made, unless it owns or usually operates such class of cars. All cars supplied in compliance with the provisions of this seetion shall be suitable for the purpose for which they are ordered. The time herein stated for the delivery of cars mentioned in any such application shall begin to run from the hour of 7 o'clock A. M. of the next day following the day of the receipt of any such application by the railway company, corporation, receiver, trustee or other person in charge to whom it is given. Application shall state what. §2. Said application for cars shall state the number of cars desired, the kind of freight to be shipped, the point of destination, the time and place at which they are desired; provided, that the place designated where the cars are to be furnished shall be at some station or switch on the railroad of the person, corporation, receiver or trustee to whom or to whose agent such application is made. Penalty for failure to furnish. § 3. When cars are applied for under the provisions of this act, if they are not furnished as herein provided, the railway company, person, corporation, receiver or trustee so failing to furnish them shall be liable and immediately indebted to the party or parties so applying for said car or cars in the sum of five dollars per day for each car failed to be so furnished, to be recovered in any court of competent jurisdiction, and in addition all actual damages that such applicant may sustain by the failure to furnish said car or cars. Deposit of freight charges. Failure of applicant to load cars; penalty for. §4. Such applicant shall, at the time of applying for such car or cars, deposit with the agent of such company or with such person, corporation, receiver or trustee one-fourth of the amount of the freight charge for the use of such car or cars, if such agent, or such person, cor poration, receiver or trustee shall require such deposit; and such applicant shall within forty-eight hours after such car or cars have been delivered and placed as heretofore provided fully load the same; and upon failure to do so, he shall be liable and immediately indebted and pay to such company, person, corporation, receiver or trustee the sum of six dollars per day for each car not used; provided, that where applications are made en several days, all of which are filled upon the same day, the applicant shall have forty-eight hours to load the car or cars furnished on the first application, and the next forty-eight hours to load the car or cars furnished on the next application, and so on; and the penalty herein prescribed shall not accrue as to any car or lot of cars applied for on any one day, until the period within which they may be loaded has expired, and if the said applicant shall not use such cars so ordered by him, he shall forfeit and pay to the said railroad company in addition to the penalty herein prescribed, the actual damages that such company may sustain by the failure of the applicant to use said cars. Every such company, person, corporation, receiver or trustee shall have a lien upon any deposit made in accordance with this section for any damages or penalties accruing to it by failure to load any car or cars delivered and placed as in this act provided. Cars must be moved when loaded. Time for unloading cars. Demurrage. § 5. The time within which said cars are to be loaded shall begin to run from the hour of 7 o'clock A. M. of the day next following the day the same are furnished at the place required and at the time specified in the application therefor. If the said applicant shall not use such cars so ordered by him, he shall so notify the railroad furnishing the same, and he shall be liable for the penalty above set forth to the railway company, corporation, receiver, trustee or other person in charge furnishing the same for the period of one day after said notification. When cars have been furnished and loaded it shall be the duty of the railway company, corporation, receiver, trustee or other person in charge to promptly remove the same from the point where loaded and deliver the same to the connecting railroad or to the person or persons to whom they are consigned, within a reasonable time. All persons to whom cars are consigned shall unload the same within forty-eight (48) hours after delivery thereof to the said consignee at the usual and appropriate point of unloading; and upon failure to unload said car or cars within the time herein specified, after the delivery thereof as herein stated, the consignee thereof shall be liable and shall be held to be immediately indebted to the railway company, corporation, receiver, trustee or other person in charge, delivering said cars, in the sum of six dollars per day, or fraction of a day, for each car so left unloaded. The time for unloading such cars shall be computed in the manner hereinbefore prescribed for loading cars. Nothing in this act contained shall be construed to prevent any railway company, person, corporation, receiver or trustee, operating any line of railway from making and enforcing any and all necessary rules for demurrage to insure the loading and unloading of cars within twentyfour hours after delivery thereof to consignors or consignees at the usual and appropriate point of loading or unloading; provided, the rate or charge for demurrage so made shall not exceed three dollars for the first day after said period of twenty-four hours for each car, and thereafter the rate or charge for demurrage shall be the sum of six dollars per day for each car as hereinabove in this section provided. Claims for failure to furnish cars. § 6. Any claim which any person may have against any railway company, corporation, receiver, trustee or other person in charge, for failure to furnish cars or for damages sustained by reason thereof, shall be assignable in the same manner, and to the same extent, as any assignable claim or chose in action, and suit or action for the collection thereof may be brought against any railway company, corporation, receiver, trustee or other person in charge by any person having any such claim, or by the assignee thereof. What evidence necessary in suits. § 7. It shall be necessary for the party or parties bringing suit against any railway company, person, corporation, receiver, or trustee under the provisions of this act, to show by evidence that he or they had on hand at the time any demand for cars was made the amount of oil, lumber, wheat or other grain, wool, hides, fruit or other freight, necessary to load the cars so ordered; provided no charge for failure of any railway company, corporation, receiver, trustee or other person in charge to furnish a car or cars as herein required shall be made or enforced, or damages therefor claimed, when such failure is caused by public calamity, strikes, washouts, acts of God, the public enemy, mobs, riots, wrecks, fires or accidents. The causes in this act enumerated, which afford an excuse on the part of a railroad for not furnishing the cars as required, shall likewise, and to the same extent, excuse the owner, manager or shipper or consignee of any freight from all liability hereunder for failure to load or unload cars as herein required. Act applies to what shipments. §8. This act shall apply only to shipments begun and terminating within the state of California. АСТ 2934. An act making an appropriation to assist the state board of equalization in gathering data in the several counties for equalization purposes, and for the employment of expert accountants to verify reports of railroad companies made to said board. [Approved February 22, 1909. Stats. 1909, p. 39.] This act appropriated $25,000 for the purposes indicated. ACT 2937. TITLE 409. To encourage the cultivation of ramie in the state of California, to provide a bounty for ramie fiber, and to make an appropriation there |