§ 2830. Enforcing obedience to notice and requirement. If the notice and requirements are not obeyed, the commissioner of highways or road overseer must make immediate complaint to the district attorney of the county, who must prosecute the company therefor in the name of the people for so suffering the road to be out of repair, or of having placed any gate in a situation contrary to the law; and if convicted thereof, the company must be fined not exceeding two hundred and fifty dollars. Legislation § 2830. Enacted March 12, 1872.

§ 2831. Fees of commissioner or overseer, what, and how paid. The commissioner of highways or road overseer complaining to the district attorney, or who makes inspection and discovers defects in the road, is entitled to three dollars for each day's services in inspecting the road, or necessarily expended in prosecuting the action therefor, to be paid in case of conviction as costs. When no action is had, but repairs are made, or gate removed, on the inspection and requirement of the commissioner of highways or road overseer, the toll-gatherer nearest the road so out of repair, or the gate to be moved, must pay the fees hereinbefore specified out of the tolls collected; if he refuse to pay the same, the same may be recovered by action, with costs.

Compensation of commissioners: See ante, §§ 2785-2831.
Legislation § 2831. Enacted March 12, 1872.

§ 2832. Pack-trails in mountain districts. The boards of supervisors of the several counties of this state are hereby authorized to permit the toll-road companies heretofore or which may hereafter be organized under the provisions of this code, for the purpose of constructing tollroads within the mountain districts of this state, to first construct on the line of their proposed toll-road a pack-trail for the accommodation of pack trains and horsemen and to collect tolls thereon. The board of supervisors shall fix the amount of license to be paid and tolls to be collected on such pack-trail, and that no such permit or franchise shall be granted for a longer period than two years.

Legislation § 2832. Added by Code Amdts. 1873–74, p. 131.

What board to grant authority to construct.
Notice must be proved.

§ 2843.

§ 2844.

§ 2845.

§ 2846.

Duty of the board of supervisors granting authority.
License tax and rate of tolls, how fixed.

Report of bridge or ferry owner or keeper.
Inquiry of the board of supervisors fixing tolls.
When to direct license to issue.
Bond, conditions and execution.

§ 2851.

When bridge unites two counties.

§ 2852. Supervisors shall not act if interested.

§ 2853.

§ 2854.

§ 2855.

§ 2856.

No toll-bridge or ferry within one mile of one already estab-
lished, except employees may transport themselves.
Owner of land preferred to build bridge or ferry.
How lands are acquired for use of bridge or ferry.
Must post rates of toll.

§ 2857.

§ 2858.

Revenue derived from license, how disposed of.
To keep banks in repair.

§ 2843. What board to grant authority to construct. When authority to construct a toll-bridge or to erect and keep a ferry over waters dividing two counties is desired, application must be made to the board of supervisors of that county situated on the left bank descending such bay, river, creek, slough, or arm of the sea.

Maintaining toll-bridge or ferry without authority is misdemeanor: Pen. Code, § 386.

Legislation § 2843. Enacted March 12, 1872; based on Stats. 1855, p. 183, § 4.

§ 2844. Notice must be proved. The board of supervisors must not grant authority to construct or erect a toll-bridge or ferry until the notice of such intended application has been given as respectively required in articles two and three of this chapter.

Notice of application: See post, §§ 2870, 2892.

Legislation § 2844. Enacted March 12, 1872; based on Stats. 1855, p. 185, § 12.

§ 2845. Duty of the board of supervisors granting authority. The board of supervisors granting authority to construct a toll-bridge or to keep a public ferry, must at the same time:

1. Fix the amount of a penal bond to be given by the person or corporation owning or taking tolls on the bridge or ferry for the benefit of the county and all persons crossing or desiring to cross the same, and provide for the annual renewal thereof;

2. Fix the amount of license tax to be paid by the person or corporation for taking tolls thereon, not less than three nor over one hundred dollars per month, payable annually;

3. Fix the rate of tolls which may be collected for crossing the bridge or ferry, which must not raise annually an income exceeding fifteen per cent on the actual cost of the construction or erection and maintenance of the bridge or ferry for the first year, nor on the fair cash value together with the repairs and maintenance thereof for any succeeding year;

4. Make all necessary orders relative to the construction, erection, and business of licensed toll-bridges or ferries which they have by law the power to make. The board of supervisors may, at any time they see fit, authorize and maintain fords across any water within any distance of any licensed toll-bridge or ferry.

Bond of owner of ferry: See post, §§ 2849, 2850.

License to take tolls, supervisors to fix: See post, § 3378.

Legislation § 2845. Enacted March 12, 1872; based on Stats. 1869– 70, p. 887, § 1.

§ 2846. License tax and rate of tolls, how fixed. The license tax and rate of toll fixed as provided in the preceding section must not be in

creased or diminished during the term of twenty years, at any time, unless it is shown to the satisfaction of the board of supervisors that the receipts from tolls in any one year is disproportionate to the cost of construction or erection, or the fair cash value thereof, together with the cost of all necessary repairs and maintenance of the bridge or ferry. The license tax fixed by the board of supervisors must not exceed ten per cent of the tolls annually collected.

Legislation § 2846., Enacted March 12, 1872.

§ 2847. Report of bridge or ferry owner or keeper. Every owner or keeper of a toll-bridge or ferry must report annually to the board of supervisors from which his license is obtained, under oath, the following facts:

1. The actual cost of the construction or erection, and equipment of the toll-bridge or ferry;

2. The repairs made during the preceding year, and the actual cost thereof;

3. The expense of labor and hire of agents, and other costs necessarily incurred in and about the conduct of their business;

4. The amount of tolls collected; and

5. The estimated actual cash value of the bridge or ferry, exclusive of the franchise.

Legislation § 2847. Enacted March 12, 1872; based on Stats. 186970, p. 887, § 1.

§ 2848. Inquiry of the board of supervisors fixing tolls. Whenever the board of supervisors are about to fix the license tax and rate of tolls on a bridge or ferry they must make inquiry into the present actual cash value and the cost of all necessary repairs and maintenance thereof, and for that purpose may examine, under oath, the owner or keeper of the same, and other witnesses, and the assessed value of the bridge or ferry on the assessment-roll of the county. When the estimate of the board is made, if the same is not agreed to by the owner or keeper of the bridge or ferry, the same must be fixed by three commissioners, one to be appointed by the board of supervisors, one by the owner and keeper, and the third by the county judge, who must hear testimony and fix such value and cost according to the facts, and report the same to the board of supervisors under oath. In all estimates of the fair cash value of the bridge or ferry the value of the franchise must not be taken into consideration.

Legislation § 2848. Enacted March 12, 1872; based on Stats. 186970, p. 887, § 1.

§ 2849. When to direct license to issue. When the cost of construction or erection and equipment of the bridge or ferry, or the fair cash value thereof, together with the cost of needed repairs and the conduct and maintenance of the same, is ascertained and fixed for the preceding year, the board must on such ascertained amount fix the annual licensetax rate of tolls, and the amount of the penal bond, and direct a license to be issued by the clerk.

Licenses generally: See post, §§ 3356 et seq.

Bond of owner of ferry: See ante, § 2845; post, § 2850.
License tax: See post, § 2878.

Legislation § 2849. Enacted March 12, 1872; based on Stats. 186970, p. 887, § 1.

§ 2850. Bonds, conditions and execution. The bond required of the owner or keeper of the toll-bridge or ferry must be in the sum fixed by the board of supervisors, with one or more sureties, and conditioned that the toll-bridge or ferry will be kept in good repair and condition, and that the keeper will faithfully comply with the laws of the state and all legal orders of the board of supervisors regulating the same, and pay all damages recovered against him by any person injured or damaged by reason of delay at or defect in such bridge or ferry, or in any manner resulting from a non-compliance with the laws or lawful orders regulating the same. The bond must be approved by the president and filed with the clerk of the board of supervisors.

Violating conditions of undertaking to keep ferry, is misdemeanor: Pen. Code, § 387.

Bond of owner of ferry: See ante, §§ 2845, 2849,

Legislation § 2850. Enacted March 12, 1872; based on Stats. 1855, p. 185, § 16.

§ 2851. When bridge unites two counties. The license tax for a ferry or bridge connecting two counties must be paid to the treasurer of the county granting it, and the license issued by the auditor thereof; but the treasurer of such county must pay to the treasury of the county in which the other end or landing of the bridge or ferry is located, one half the sum so received annually, or the auditor may issue the license on filing with him receipts for their respective halves of the tax taken from the treasurer of the two counties.

Delinquent bridge or ferry license tax, proceedings to collect, instituted after thirty days: See Stats. 1871-72, p. 539.

Legislation § 2851. Enacted March 12, 1872; based on Stats. 1855, p. 183, § 4.

§ 2852. Supervisors shall not act if interested. When a supervisor is interested in an application to erect, construct, or take tolls, or alter tolls on a bridge or ferry, he shall not act in any of such matters. [Amendment approved 1880; Code Amdts. 1880, p. 23.]

Legislation § 2852. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 23.

§ 2853. No toll-bridge or ferry within one mile of one already established, except employees may transport themselves. No toll-bridge or ferry must be established within one mile immediately above or below a regularly established ferry or toll-bridge, unless the situation of a town or village, the crossing of a public highway, or the intersection of some creek or ravine renders it necessary for public convenience; provided, however, that notwithstanding the grant or existence of such ferry franchise any employer may transport his or its own employees to and from their places of labor by means of boats owned or operated by such employers; and similarly all or any number less than all of the employees of the same employer may co-operatively or otherwise transport themselves to and from their places of labor in boats owned or operated in severalty or in common by them. But such transportation whether such boats be operated by the employer or the employees shall not be con

ducted for profit. In addition to the public notice hereinafter required, notice of intention to apply for authority to erect a toll-bridge or ferry, as in this section provided, must be served upon the proprietor of the ferry or toll-bridge already established at least ten days prior thereto, giving the time and place and grounds of such application. [Amendment approved 1913; Stats. 1913, p. 791.]

Legislation § 2853. 1. Enacted March 12, 1872; based on Stats. 1855, p. 184, § 6, as amended by Stats. 1861, p. 307, § 1. 2. Amended by Stats. 1913, p. 791.

§ 2854. Owner of land preferred to build bridge or ferry. The owner of land on either side of the waters to be crossed, and the owner of the land on the left bank descending over the owner of land on the right bank, is entitled to preference in procuring authority to construct a bridge or ferry; but where such owner fails or neglects to apply for such authority within a reasonable time after the necessity therefor arises, the board of supervisors may grant such authority to another. Legislation § 2854. Enacted March 12, 1872.

§ 2855. How lands are acquired for use of bridge or ferry. When there are lands necessary for the construction, erection, or use of such bridge or ferry which cannot be procured by agreement between the owner or corporation and the land-owner, the right of way and all other lands necessary for the use and construction or erection thereof may be acquired by condemnation.

Condemnation, eminent domain: Ante, § 44.
Legislation § 2855. Enacted March 12, 1872.

§ 2856. Must post rates of toll. Every licensed toll-bridge or ferry must have the rates of toll as fixed by the board of supervisors, printed or written, posted up in some conspicuous place on or near the bridge or ferry.

Legislation § 2856. Enacted March 12, 1872.

§ 2857. Revenue derived from license, how disposed of. The proceeds of the license tax on ferries and toll-bridges must be paid into the county treasury for the use of roads and highways, or may be used by the board of supervisors at any time in the purchase of toll-roads and toll-bridges.

Legislation § 2857. Enacted March 12, 1872; based on Stats. 1855, p. 187, § 26.

§ 2858. To keep banks in repair. All ferry and toll-bridge keepers must keep the banks of the streams or waters at the landings of their ferries or bridges graded and in good order for the passage of vehicles. For every day compliance herewith is neglected twenty-five dollars is forfeited, to be collected for the use of the road fund of the county.

Legislation § 2858. Enacted March 12, 1872; first sentence based on Stats. 1855, p. 186, § 22.