that he performed the services therein named, that the amount veras. SEC. 15. This Act shall take effect and be in force from and after the first Monday in March, A. D. one thousand eight hundred and sixty-four. repealed. CHAP. CCCXII.-An Act to authorize William F. Nelson and his associates to lay down and maintain a Railroad within the City and County of San Francisco. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. The right is hereby granted to William F. Nel- Franchise.. son, James T. Godfrey, Peter Witbeck, J. M. Buffington, Francis Conn, A. W. McPherson, and their associates and assigns, to lay down and maintain an iron railroad, within the City and County of San Francisco, along and upon the following streets, viz.: Beginning at or near the centre of intersection of Greenwich Ronte of street with Front street; thence along and upon Front street to road. Market street; thence along and upon Market street to Sutter street; thence along and upon Sutter street to Larkin street; thence along and upon Larkin street to Pacific street; thence along and upon Pacific street to the charter limits, with the right of continuation along the said line of Pacific street to the ocean beach, whenever said street is declared open by the proper authorities of the City and County of San Francisco, with an intersecting railroad connecting at the junction of Sutter with Larkin street; thence running southerly along and upon Larkin street to Market street; thence along and across Market street to Johnson street; thence along and upon Johnson street to Mission street; thence along and upon Mission street to Spark street; thence along and upon Spark street to Dolores street; thence along and upon Dolores street to Corbet street; thence along and upon Corbet street to Mission street; thence along and upon Mission street to Spark street; together with the right to lay and maintain an iron railroad from the intersection of Corbet street with Mission street, along and upon Mission street to the charter limits of said city and county. Said road Conditions. to have a single or double track, at the option of the said grantees, their associates and assigns; the rails to be adopted, the same as the street railroads of San Francisco, with the proper and necessary switches and turnouts along the entire route; and to run cars thereon of the most improved construction for the comfort and convenience of passengers, and shall be provided with the most improved brakes and other means of stopping the same when required; they shall be moved at a speed not exceeding Proviso. To pave, streets. eight miles an hour, by horses or mules, at convenient hours of every day and night, for the transportation of passengers; provided, that no railroad track shall be laid on Front street until the written consent of the owners of more than half of the property fronting on the line of said track on Front street is first obtained, estimating said property by the front foot; provided, further, 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; provided, further, that whenever the said railroad shall run along any street where there exists another railroad, established by law, the consent of a majority of the property owners upon that portion of any street where the two tracks run side by side, estimating by the front foot, shall be obtained before the railroad track provided for in this Act shall be laid side by side with such other road upon such portions of any streets. SEC. 2. The owners of said railroads shall pave or plank, as ete certain the proper authorities of said City and County of San Francisco shall 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 road, and shall keep the same in repair; provided, that beyond Larkin street, the grantees shall not be compelled to plank or pave, until said streets shall be graded. Conditions. Rates of fare. SEC. 3. The track of said railroad shall not be 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 when the road herein provided for shall intersect any other road, the rail of each shall be so altered or cut, as to permit the cars to cross without obstruction or hindrance. SEC. 4. The rate of fare on said railroad, for each passenger, shall not exceed five cents for any distance, except for passengers going from the east of Larkin street to the ocean beach, or returning over the same route, in which case twenty-five cents may be charged for three tickets, or ten cents for a single ticket; provided, 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 Penalty for Act; and for each and every violation of the provisions of this overcharges. section, such person or persons, corporation, joint stock company, 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. 5. Any person wilfully obstructing said railroad shall be obstructions deemed guilty of a misdemeanor, and punished accordingly. franchise. SEC. 6. The franchises and privileges hereby granted shall Duration of continue for the period of twenty-five years, to date from and after the passage of this Act; and the grantees 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 Bond. sureties, to be approved by the County Judge of said city and county, conditioned in the sum of thirty thousand dollars for the completion of the said 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 franchise and privileges hereby granted shall utterly cease and determine, and the amount of 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; provided, that the line Further of said railroad shall be completed, at least upon a single track, and passenger cars running thereon, within five years from the filing of the aforesaid bonds; and the grantees shall, within one year after the passage of this Act, commence the construction of said road, but no time during which they shall be prevented from the construction by legal process, shall be counted as part of said time. conditions. county may purchase. SEC. 7. The owners of said railroad shall pay to the City and License. County of San Francisco the sum of fifty dollars per annum, as a license, upon each car used by them upon said railroad, which payment shall be made quarterly to the said city and county. SEC. 8. The owners of said railroad are required to sell, trans- City and fer, and convey the same, together with the cars that 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 of the same, exclusive of this franchise; said appraisal to be made by five Commissioners, in the following manner: The Board of Supervisors Appraisers. 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 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 Reserved and county. 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 said railroad and cars shall vest in the said city and county. SEC. 9. Nothing in this Act shall be so construed as in anyrights of city wise to prevent the proper authorities of the said City and County of San Francisco from sewering, grading, paving, planking, repairing, or altering any of the streets hereinbefore speci fied, 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 said work, shall allow to the own ers of said railroad time sufficient to enable them to shift the rails or take other means so as to avoid said obstructions during the continuance thereof, which they, the said owners, are hereby authorized to do. Powers of SEC. 10. The Board of Supervisors of the City and County. Supervisors of San Francisco, or their legal successors, are hereby authorized and empowered to grant to the said parties named in the first section of this Act, their associates, or assigns, such additional rights, privileges, and grants, as the 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. 11. The Police of the City and County of San Fran cisco, while on duty, shall be allowed to ride free of charge on any route included in this Act. Board of Election. Terms of office. CHAP. CCCXIII.-An Act concerning the Insane Asylum of Cali fornia, and to levy a Tax therefor. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. Messrs. E. S. Holden, J. G. Gasman, Austin Sperry, H. B. Underhill, T. R. Anthony, and G. A. Shurtleff, are hereby constituted a Board of Directors of the Insane Asylum of California, and shall hold their office until their successors, who shall be elected by the Legislature in Joint Convention, and whose term of office shall be four years, shall be elected and qualified. At said election, such choice shall be made that the Board of Directors shall always consist of citizens of the City of Stockton, or vicinity; they shall be divided into two classes, in the order of their names as herein recorded. The first, second, and third named, shall go out of office at the expiration of one year from the passage of this Act; the fourth, fifth, and sixth, shall go out of office at the expiration of three years from the passage of this Act. In case of a vacancy in said Board occurring when the Legislature is not in session, said Board may fill said vacancy until the next assembling of the Legislature, and then the Legislature shall proceed to fill said vacancy for the unexpired term only. SEC. 2. The Directors herein provided shall, within thirty oath of office days after the passage of this Act, qualify by taking the usual oath of office, and meet at the Asylum in the City of Stockton, and organize by electing from their number a President, who president shall preside at their meetings, and perform such other duties as and Vicemay be prescribed by the by-laws; and they shall, at the same time and place, elect from their number a Vice-President, who shall perform the duties of the President in his absence. President. Directors. SEC. 3. The Board of Directors shall be known by the name Powers of and style of the Directors of the Insane Asylum, and by that name they and their successors shall be known in law, may sue and be sued in any of the Courts of this State, and may receive and hold property, real and personal, for the use and benefit of said Asylum. They shall have full power to manage and administer the affairs of said Asylum, shall make and adopt by-laws for their own government and the government of the Asylum, not repugnant to the laws of the United States or of this State. Said by-laws shall provide for the several necessary standing committees, to wit: Auditing Committee, Visiting Committee, Committee on Finance, and Committee on Improvements and Repairs, together with such other committees as may be necessary for the despatch of business; and said committees shall meet at the Asylum once a month for the transaction of business. The Board of Directors shall cause to be kept a full and com- Duties. plete record of their proceedings, which shall be open at all times to the inspection of any citizen desiring to examine the same; they shall hold stated meetings at the Asylum, monthly, and a majority of the Board shall constitute a quorum for the transaction of business; they shall at such meetings receive and act on the reports from the several standing and other committees, which shall always be made in writing; they shall make a thorough inquiry into all the departments of labor and expense, and a careful examination of the buildings, property, and general condition of the Asylum; and they shall submit to the Governor, on or before the first day of November of each year, a report, showing the receipts and expenditures, the condition of the Asylum, the number of patients under treatment during the preceding year, the number remaining in the Asylum at the date of the report, and such other matters touching the general affairs of the Institution as they may deem advisable; and the said report shall be transmitted by the Governor to the Legislature. SEC. 4. The Directors shall not be, directly or indirectly, Not to be interested in any contract or contracts for supplies furnished said Asylum, but shall receive as their compensation the sum of ten dollars per day for their services and expenses in attending monthly or called meetings of said Board, payable out of any moneys set apart by law for the use and benefit of said Asylum, as other bills and accounts against the Asylum are paid; pro- Compensavided, the amount so received shall not exceed the sum of one hundred and thirty dollars per year to each Director. interested in contracts. tion. SEC. 5. Doctors Lorenzo Hubbard, of Marysville, J. F. Morse, Medical of Sacramento, and J. P. Whitney, of San Francisco, are hereby Visitors. |