advertisement for bids, conditioned that such bidder shall well and truly observe, fulfill, and perform each and every term and condition of such franchise, and that in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with such governing body within five days after such franchise is awarded, and upon the filing and approval of such bond, the said franchise shall, by said governing or legislative body, be granted by ordinance to the person, firm, or corporation to whom it has been struck off, sold, or awarded, and in case that said bond shall not be so filed, the award of such franchise shall be set aside, and any money paid therefor shall be forfeited, and said franchise shall, in the discretion of said governing or legislative body, be readvertised, and again offered for sale in the same manner, and under the same restrictions, as herein before provided. [Amendment approved March 6, 1903.]

SEC. 8. It shall be the duty of the Attorney-General, upon the complaint of any municipality, or, in his discretion, upon the complaint of any taxpayer, to sue for the forfeiture of any franchise granted under the terms of this Act, for the non-compliance with any condition thereof.

SEC. 9. No clause or condition of any kind shall be inserted in any franchise or grant offered or sold under the terms of this Act, which shall directly or indirectly restrict free and open competition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for sale, which shall in anywise favor one person, firm or corporation, as against another, in bidding for the purchase thereof.

SEC. 10. Any member of any Common Council or other governing or legislative body of any city and county, city or town of this State, who, by his vote, violates or attempts to violate the provisions of this Act, or any of them, shall be guilty of a misdemeanor, and may be punished therefor, as provided by law, and may be deprived of his office by the decree of a court of competent jurisdiction, after trial and conviction.

SEC. 11. All Acts or parts of Acts in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall be construed as repealing or amending the following Acts, to wit: "An Act relating to the granting by the counties and municipalities of franchise for the construction of paths and roads for the use of bicycles and other horseless vehicles," approved

March twenty-seventh, eighteen hundred and ninety-seven; “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," being chapter forty of the laws of eighteen hundred and ninety-seven of the State of California.

This Act shall take effect immediately.

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.]

The People of the State of California, represented in the Senate and Assembly, do enact as follows:

SECTION 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 railroads 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.

SEC. 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 four, title four, 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.

SEC. 3. This Act shall take effect immediately.

FRANCHISES FOR ROADS FOR BICYCLES AND HORSELESS VEHICLES.

An Act relating to the granting by counties and municipalities of franchises for the construction of paths and roads for the use of bicycles and other horseless vehicles.

[Approved March 27, 1897.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. The legislative or other body to whom is entrusted the government of any county, city and county, city, or town, may, under such regulations, restrictions, and limitations as it may provide, subject to existing laws, grant franchises for the construction of paths and roads, either on the surface, elevated, or depressed, on, over, across, or under the streets and public highways of any such county, city and county, city, or town, for the use of bicycles, tricycles, motor-cycles, and other like horseless vehicles, propelled by the rider, for a term not exceeding fifty years; provided, that in incorporated cities no franchise shall be granted for the purpose herein expressed, unless the consent in writing of the owners of a majority of the frontage upon the road or street along which said path or road is sought to be constructed, be first had and obtained and filed with such legislative or governing body.

SEC. 2. This Act shall take effect immediately.

BANKS,

SAVINGS BANKS, AND SAVINGS AND LOAN

ASSOCIATIONS.

UNCLAIMED DEPOSITS.

An Act to compel savings banks to publish a sworn statement of all unclaimed deposits.

[Approved March 23, 1893.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. The cashier or secretary of every savings bank, savings and loan society, and every institution in which deposits of money are made and interest paid thereon, shall, within fifteen days after the first day of December, in the year one thousand eight hundred and ninety-three, and within fifteen days of the first day of December of each and every second succeeding year thereafter, return to the Board of Bank Commissioners a sworn statement, showing the amount standing to his credit, the last known place of residence or post office address, and the fact of death, if known to said cashier or secretary, of every depositor who shall not have made a deposit therein, or withdrawn therefrom any part of his deposit, or any part of the interest thereon, for a period of more than ten years next preceding; and the cashiers or secretaries of such savings banks, savings and loan societies, and institutions for deposit of savings, shall give notice of these deposits in one or more newspapers published in or nearest to the city, city and county, or town, where such banks are situated, at least once a week for four successive weeks, the cost of such publications to be paid pro rata out of said unclaimed deposits; provided, however, that this Act shall not apply to or affect the deposit made by or in the name of any person known to the said cashier or secretary to be living, any deposit which, with the accumulations thereon, shall be less than fifty dollars.

SEC. 2. The Board of Bank Commissioners shall incorporate in their subsequent report each return which shall have been made to them, as provided in section one of this Act.

SEC. 3. Any cashier or secretary of either of the banking institu tions mentioned in section one of this Act neglecting or refusing to make the sworn statement required by said section one, shall be guilty of a misdemeanor.

An Act to compel all depositaries of money and commercial banks to publish a sworn statement of all unclaimed deposits.

[Approved February 25, 1897.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. The president, cashier, or secretary of every bank, depositary, society, or institution of every kind or character which receive money on deposit, or in which deposits of money are made, and upon which deposits no interest is paid, shall, within fifteen days after the first day of June in the year one thousand eight hundred and ninety-seven, and within fifteen days of the first day of June of each and every second succeeding year thereafter, return to the Board of Bank Commissioners, a sworn statement showing the amount standing to his credit, the last known place of residence or post office address, and the fact of death, if known to said president, cashier, or secretary, of every depositor of such bank, depositary, society, or institution, who shall not have made a deposit therein, or withdrawn therefrom any part of his deposit or funds to his credit therein, for a period of more than ten years next preceding; and the presidents, cashiers, or secretaries, of all such banks, depositaries, societies, and institutions, which receive money on deposit or in which deposits of money is made, shall give notice of these deposits, in one or more newspapers published in or nearest to the city, city and county, or town where such banks, depositaries, societies, or institutions are situated, at least once a week for four successive weeks, the cost of such publications to be paid pro rata out of said unclaimed deposits; provided, however, that this Act shall not apply to or affect the deposit made by or in the name of any person known to the said presidents, cashiers, or secretaries, to belong, or any deposit which, with the accumulations thereon, shall be less than fifty dollars.

SEC. 2. The Board of Bank Commissioners shall incorporate in their subsequent report each return which shall have been made to them, as provided in section one of this Act.

SEC. 3. Any president, cashier, or secretary of either of the banks, depositaries, societies, or institutions named in section one of this Act, neglecting or refusing to make the sworn statement required by said section one, shall be guilty of a misdemeanor.