Duration of franchise. SEC 8. The franchises and privileges hereby granted shall be continued for the period of twenty-five years, to date from the completion of said railroad; provided, that said railroad shall Conditions. be completed and passenger cars running thereon to Twentyfourth street within three years from the first day of July, eighteen hundred and sixty-eight, and that the remaining portion of said railroad south of Twenty-fourth street shall be completed and cars running thereon within five years from said first day of July, eighteen hundred and sixty-eight; and provided further, that said grantees shall, within one year from the passage of this Act, commence the construction of said road. City and county may years. ment. SEC. 9. The owners of said railroad are required to sell, transbuy after 15 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 after 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 samesaid appraisal to be made by five Commissioners, in the manner Appraise 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 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. The said Commissioners shall make their appraisements 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 on 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 said city and county. Rights reserved. License. SEC. 10. Nothing in this Act shall be so construed as in any 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 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 said work, shall allow to the owners of said railroad time sufficient to enable them to shift the rails or take other means so as to avoid such 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 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 payment shall be made quarterly to the said city and county. SEC. 12. The Board of Supervisors of the City and County Further of San Francisco, or their legal successors, are hereby author- privileges, ized and empowered to grant to the said persons 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 franchises and privileges granted and created by this Act. CHAPTER CCCLXXXVI. An Act to provide terminal depot grounds for the Terminal Central [Approved March 28, 1868.] The People of the State of California, represented in Senate and Boundaries SECTION 1. That, for the purpose of providing the terminal Lands Central Pacific Railway Company with proper depot and com- granted. mercial facilities at the western terminus of the road, there is hereby granted to said company, its successors or assigns, all of the submerged and tide lands situated in the Bay of San Francisco, and limited and described by the following boundaries, to wit: Beginning at a point four hundred (400) feet northwest of the northwest point of the Island of Yerba Buena; thence north defined. twenty-two and a half (221) degrees west, for one mile; thence due east for three thousand nine hundred and sixty (3,960) feet; thence south twenty-two and a half (221) degrees east, until a point four hundred (100) feet from the northeast point of said. island is reached; thence, parallel to and at a distance of four hundred (400) feet from the northern shore line of said island, to the place of beginning; provided, that said boundary line shall in no case pass without the depth of twenty-four (24) feet water at low tide, and that this tide channel, four hundred (400) feet in width between said island and the premises herein described, shall always remain a free and open highway; provided, the lands herein granted shall not exceed, for terminal purposes, one hundred and fifty acres; and if they do exceed such amount, the said boundaries, under the direction of the Commissioners, shall be circumscribed and reduced to correspond with the quantity of one hundred and fifty acres; also, the right to reclaim, improve and use the premises herein described for the railroad depot and commercial purposes deemed proper by the company, and necessary for carrying on the business of the company. Said company is also authorized to locate, occupy and hold, along the bridge line or lines that shall connect the hereinbe Bridges. fore described premises and Oakland and the Alameda or Contra Costa County shore, a width of two hundred and fifty feet of the tide or submerged lands over which said bridge or bridges shall be built; provided, that the company shall construct on said bridge draws, with openings of not less than sixty (60) feet in the clear; and provided, that nothing in this Act contained shall be construed to impair or affect the rights of any other person or corporation; and provided also, the lands granted or to be conveyed by any patent issued under this Act are upon Conditions. this express condition: That the said Terminal Central Pacific Railway Company shall establish its terminal depot and station on said lands, and shall use and continue to use said lands and right of way as a terminus, and for the purposes and business of said company; and if it shall fail so to do, any grant of said lands by virtue of this Act shall become void and of no effect, and said lands shall revert to the State. Said company shall not at any time hereafter demand or receive any wharfage, dockage or other considerations for the landing or unloading of vessels at said land hereby granted, or any part thereof; but the same shall be subject, in all respect, to the laws and regulations in relation to the collecting of wharfage and dockage for the City of San Francisco, and subject in all respects to the jurisdiction of the Board of Harbor Commissioners of the Harbor of San Francisco. Map to be filed. Appraise. ment. Further conditions. SEC. 2. The said company shall, within thirty days after this Act shall become a law, make a map of the premises herein granted, which, duly certified by the President and Secretary of the company, and under the company's corporate seal, shall be filed in the office of the Secretary of State, who shall deliver a copy thereof to the Surveyor-General; and the Governor, Surveyor-General, Attorney-General, Controller of State and the Mayor of Oakland are hereby constituted a Board of Appraisers, whose duty it shall be, at as early a day as possible after these maps shall have been filed, to appraise the herein before described tracts thus granted at their fair market value at the date of the passage of this Act-but they shall not include in said appraisement any increase of value caused by the contemplated use of said premises for railroad and other purposeswhich appraisement shall not average less than three dollars an acre. Said appraisement is to be signed by a majority of said Appraisers, and filed in the office of the Secretary of State, who shall deliver to said company a duly certified copy thereof; and said company, if they accept said appraisement, shall file such acceptance within six months from the passage of this Act, in the office of the Secretary of State. SEC. 3. The said company, at the time of filing said acceptance of said appraisement, shall pay into the State Treasury the amount of said appraisement thus accepted by it, and shall also commence the improvement of said premises within one year from the date of such acceptance, and shall, within two years thereafter, expend on such improvements-not including the expense of its bridge or bridges-not less than one hundred thousand dollars; and, finally, shall, within four years after filing said acceptance, have constructed and put in full running order a first-class rail and ferry communication, accord ing to the provisions of its articles of incorporation, between the City of San Francisco, the premises herein before described, Oakland and Vallejo. After the appraised value shall have been paid into the State Treasury as aforesaid, and the said sum of one hundred thousand dollars shall have been expended in the improvement of said premises, and the ferry and rail communication between the City of San Francisco, the aforementioned premises, Oakland and Vallejo shall have been effected, the President of said company shall file in the office of the Secretary of State his affidavit setting forth said facts; thereupon the Secretary of State shall certify the fact of the filing of such affidavit to the Governor, whose duty it shall be to issue a patent for said Patent. premises to said company, its successors or assigns; provided that, at the time of the acceptance of said premises, said company shall execute to the State a bond, acceptable to the Governor and Secretary of State, in the sum of two hundred and fifty thousand dollars, that they will, within the time specified, faithfully fulfill the conditions herein before named, upon the observance of which depends their title to the herein described grant. SEC. 4. This Act shall take effect immediately. CHAPTER CCCLXXXVII. An Act to amend an Act entitled an Act granting to certain persons therein named the right to lay a railroad track along certain streets in the City and County of San Francisco, approved April second, eighteen hundred and sixty-six. [Approved March 28, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section 1. The right is hereby granted to Edward Thomp- Franchise. kins, J. C. Birdsleye, Elijah Case, William F. Williamson, W. H. Ladd, J. W. Pierson, John Kirkpatrick and J. W. McManany, 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 route, viz: Commencing at the intersection of Post and Montgomery streets, in said City of San Francisco; thence along and upon Post street to Dupont street; thence along and upon Dupont street to Market street; thence along and upon Market street to Fifth street; thence along and upon Fifth street to Townsend street; thence along and upon Townsend street to Fourth street; thence along and upon Fourth street to the bridge over Mission Bay; thence across Mission Bay, over and upon said bridge, to the new Potrero; thence across the Potrero in a southerly direction on Kentucky street; thence southerly, by the most practicable route, to the by other companies. Track. Use of road Bay View Park race course; provided, that whenever any other railroad company shall be granted the use of the same street, or any part thereof, they shall pay one half the cost which has been expended in constructing such portion of said road, including the cost of grading, cutting, filling, bridging, and one half the cost of maintaining the same on the street or part of the street thus occupied jointly, and thereupon shall be entitled to the joint use of said railroad; but no such grant shall be made for more than five blocks in all; the said road to have a single or double track, at the option of said grantees; the rails to be of the most approved pattern used on city railroads, with the proper and necessary switches and turnouts along the entire route; the said grantees, their associates and assigns, to have the right to run cars on the said railroad at convenient hours of the day and night, for the transportation of passengers and freight; provided, that the said railroad shall not cross Mission Bay bridge, nor in any manner interfere with any improvements, structures or buildings, or the railroad or track of any person or company authorized by law, unless by and with the written consent of the owners thereof; provided, also, that but one railroad track shall be laid along or upon Dupont street between Post and Market streets. Rates of fare. Cars and speed. SEC. 2. Section four of said Act is hereby amended so as to read as follows: Section 4. The rates of fare on said road for each passenger shall not exceed twenty-five cents for three tickets, fifty cents for seven tickets, one dollar for sixteen tickets, and one dollar and fifty cents for twenty-five tickets; and it shall be lawful to charge one fare on said road from any point between the intersection of Post and Montgomery streets and the north side of Islais Bay, and one fare from any point between the north side of said bay and Bay View Park race course. SEC. 3. Section five is hereby amended so as to read as follows: Section 5. The cars upon said railroad shall be of the most approved construction for the comfort and convenience of passengers, and shall be provided with sufficient brakes and other means of stopping the same when required. From the intersection of Montgomery and Post streets to the intersection of Townsend and Fifth streets, they shall be moved by horses and mules, 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 offense. But from the intersection of Townsend and Fifth streets to the southern terminus of the road they may be moved by horses, mules or steam power; provided, however, that the Board of Supervisors of the City and County of San Francisco may at any time prohibit the use of steam in propelling said cars, either in whole or in part, along or upon the whole or any part of said road; and provided further, that permission to use steam upon any part of said road must first be obtained from the Board of Supervisors of said city and county, and the said Board of Supervisors shall have the right and power to determine the kind or style of dummy engine to be used on said road; and provided, that steam shall not be used |