Santa Rosa City R. Co. v. Central St. Ry. Co.

Citations

• 4 Cal. Unrep. 950
• 38 P. 986
• 1895 Cal. LEXIS 1189

Syllabus

<p>Municipal Ordinance—Presumption as to Adoption.—Where for Fourteen Years after the passage of an ordinance the city recognized its existence and validity, and treated it as duly adopted and published, it will be presumed to have been approved by the mayor and published as required by the city’s charter.</p> <p>Municipal Ordinance—Certificate of Publication.—Where a city charter requires that ordinances shall he published only by order of the council, and that the city cleric shall keep a book into which he shall copy each ordinance, with á certificate annexed to the copy stating, among other things, that it was published according to law, the certificate of the clerk that the ordinance was published is sufficient evidence that the order for publication was made.</p> <p>Franchise.—The Eight to Avoid a Public Grant for Failure to perform a condition subsequent is confined to the government.</p> <p>Franchise.—A Public Grant cannot he Avoided for Failure to perform a condition subsequent, except through a court’s judgment, or a legislative declaration of forfeiture, unless the statute creating the condition expressly declares that a failure to perform it will, ipso facto, avoid the grant.</p> <p>Street Eailway Franchise—Forfeiture—Statute not Self-executing.—Under the Civil Code (section 502), providing that, where a franchise has been granted to a street railroad, work on the road must be commenced within one year from the date of the grant of right of way, and finished within three years thereafter, and. that a failure to comply with such provision “works a forfeiture” of the right of way as well as of the franchise, when a street railroad fails to comply with that provision, its right of way and franchise continue to exist until declared forfeited by a court or by legislative authority, said section not being self-executing.</p> <p>Street Bailway Franchise—Manner of Forfeiture.—When a city railroad’s franchise is liable to forfeiture for a breach of condition subs