22:I[98912,["/_next/static/chunks/0asocxi83kb~5.js","/_next/static/chunks/0n4z.7yu76je-.js","/_next/static/chunks/0eyt_ou8dj52g.js","/_next/static/chunks/01bcia3bjqt9z.js","/_next/static/chunks/15egrlmmf_yst.js"],"CaseDetailGate"] 23:T46b,—The defendants were adjudged guilty of usurping a franchise. 1. The respondent insists that this court has no jurisdiction to review the judgment. But as the case involves the alleged right of defendants to possess the lands claimed to constitute a toll-road, as against all who shall not pay toll for passing over them, we think the judgment appealable. (Const, art. vi. § 4.) 2. Defendants claim to have acquired a franchise from the board of supervisors to collect tolls, and that the board was empowered to grant the franchise by the Act of April 1, 1878, entitled “an act to authorize the board of supervisors of Amador County to declare that portion of the Amador and Nevada wagon road which lies in Amador County a toll-road.” (Stats. 1877-78, p. 963.) The act is in the words following :— If it be conceded' that the act is constitutional, and that it has not been repealed (Stats, and Arndts, to the Codes, 1883, p. 20, § 21), it simply grants the franchise to the county to collect tolls on the road, and does not purport to authorize the county to grant any franchise to other persons. Judgment affirmed.24:T48b,

—The defendants were adjudged guilty of usurping a franchise.

1. The respondent insists that this court has no jurisdiction to review the judgment. But as the case involves the alleged right of defendants to possess the lands claimed to constitute a toll-road, as against all who shall not pay toll for passing over them, we think the judgment appealable. (Const, art. vi. § 4.)

2. Defendants claim to have acquired a franchise from the board of supervisors to collect tolls, and that the board was empowered to grant the franchise by the Act of April 1, 1878, entitled “an act to authorize the board of supervisors of Amador County to declare that portion of the Amador and Nevada wagon road which lies in Amador County a toll-road.” (Stats. 1877-78, p. 963.)

The act is in the words following :—

If it be conceded' that the act is constitutional, and that it has not been repealed (Stats, and Arndts, to the Codes, 1883, p. 20, § 21), it simply grants the franchise to the county to collect tolls on the road, and does not purport to authorize the county to grant any franchise to other persons.

Judgment affirmed.