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ARTICLE II.

Toll-bridges. § 2870. Application for leave to construct. § 2871. Hearing application. § 2872. Action of the board of supervisors. § 2873. What the board of supervisors may require. § 2874. Use of highways. § 2875. How constructed over navigable waters. $ 2876. Supervisors may regulate weight, number, and attendance. § 2877. Channel of streams navigable by rafts to be kept clear. $ 2878. Completion of bridge, rate of toll, and license tax. $ 2879. Persons exempt. $ 2880. Penalty for avoiding tolls.

§ 2881. County may purchase toll-bridge. § 2870. Application for leave to construct. Every applicant for authority to construct a toll-bridge must publish a notice in at least one newspaper in each county in which the bridge or any part of it is to be, or if no paper is published therein, in an adjoining county, once in each week for six successive weeks, specifying the location, the length and breadth of the bridge, and the time at which the application hereinafter required will be made. After notice is given, application must be made to the board of supervisors of the proper county, at any meeting specified in the notice, for authority to construct it.

Application, notice of: See ante, $ 2844.

Legislation $ 2870. Enacted March 12, 1872; based on Stats. 1869– 70, p. 887, § 1.

$ 2871. Hearing application. On the hearing, any person may appear and be heard. The board may take testimony or authorize it to be taken by any judicial officer of the county; and it may adjourn the hearing from time to time. A copy of the articles of incorporation, certified by the secretary of state, or by the clerk where they are filed, must be attached to and filed with the application if made by a corporation.

Articles of incorporation: Civ. Code, $$ 289, 290 et seq.

Legislation & 2871. Enacted March 12, 1872. $ 2872. Action of the board of supervisors. If the board are of opinion that the public interests will be promoted thereby, it may, by the assent of a majority of all the members of the board, grant the application by an order entered in its minutes, and particularly describing the bridge. The applicant must cause a certified copy of the order, with a copy of the application, to be recorded in the office of the clerk of the county before proceeding under it; provided, that the board of supervisors shall not have power to license bridges across the Sacramento or San Joaquin rivers, the Suisun Bay, or Carquinez Straits, the Petaluma, Napa, or Sonoma creeks, except at points above the head of navigation of said streams. (Amendment approved 1878; Code Amdts. 187778, p. 52.]

Legislation § 2872. 1. Enacted March 12, 1872. 2 Amended by Code Amdts. 1877–78, p. 52.

§ 2873. What the board of supervisors may require. The board of supervisors may, at the time of granting authority to construct a tollbridge, by order, require the bridge to be constructed within a certain time, to be of a certain width, character, or description, and to be constructed of certain materials, which order must be complied with by the owner or corporation constructing the same before license to take tolls is issued.

Legislation § 2873. Enacted March 12, 1872; based on Stats. 1855, p. 185, $ 14.

§ 2874. Use of highways. The corporation or bridge-owner may use, in such manner as prescribed by the board, so much of any public road on either side of the stream or waters as may be necessary for constructing and maintaining the bridge and toll-houses.

Legislation $ 2874. Enacted March 12, 1872. § 2875. How constructed over navigable waters. All bridges constructed under this chapter crossing navigable streams must be so constructed as not to obstruet navigation, and must have a draw or swing of sufficient space or span to permit the safe, convenient, and expeditious passage at all times of any steamer, vessel, or raft which may navigate the stream or water bridged.

Legislation & 2875. Enacted March 12, 1872; based on Stats. 1869– 70, p. 888, $ 1.

§ 2876. Supervisors may regulate weight, number, and attendance. The board of supervisors may, by order, regulate and govern the amount of weight and number of animals that may be driven onto a toll-bridge at any one time, and prescribe rules for the government of the draws or swings and attendance of the same, and prescribe penalties for disobedience of such rules.

Legislation § 2876. Enacted March 12, 1872; based on Stats. 1869– 70, p. 888, $ 1.

§ 2877. Channel of streams navigable by rafts to be kept clear. Any one bridging a stream navigated or navigable must at all times keep the channel above and below the bridge clear from all deposits occasioned by its erection and prejudicial to such navigation, and is liable to pay to all persons unreasonably hindered or delayed in passing such bridge with rafts or vessels all damages sustained thereby.

Legislation § 2877. Enacted March 12, 1872; based on Stats. 186970, p. 888, $ 1.

§ 2878. Completion of bridge, rate of toll, and license tax. Every bridge erected under these provisions must have good and substantial railings or sidings, at least four and a half feet high. When a bridge is completed, and a certificate that it is so, and is safe and convenient for the public use, is signed by the commissioner of highways or president of the board of supervisors, and filed in the county clerk's office in the county or counties in which it is located, the directors or owner may erect a tollgate at such bridge and require such tolls as the boards of supervisors of the county or counties from time to time preseribe. A license therefor must be issued by the auditor of the county on giving the necessary bond and paying the license tax fixed therefor.

License tax: See ante, $ 2849,

Legislation & 2878. Enacted March 12, 1872; based on Stats. 1855, p. 183, $ 5.

§ 2879. Persons exempt. Any person going to or from a funeral, school, performing highway labor, or atttending a military parade, or court which by law he is required to attend as a witness in a criminal case, is exempt from the payment of tolls.

Person, not exempt, evading toll, fine against: Pen. Code, $ 389. Who exempt from payment of tolls: See ante, $ 2814.

Legislation & 2879. Enacted March 12, 1872. § 2880. Penalty for avoiding tolls. Any person liable to pay toll forcibly or fraudulently passing the gate of a toll-bridge without paying the toll is liable to a penalty of ten dollars in addition to the damages caused, to be recovered by the owner.

Passing gate of toll-bridge and evading payment, punishable by fine: Pen. Code, § 389.

Legislation § 2880. Enacted March 12, 1872; based on Stats. 1869– 70, p. 888, $ 1.

§ 2281. County may purchase toll-bridge. Within the same time, in like manner, and to the same effect as toll-roads are purchased under the provisions of sections two thousand eight hundred and two and two thousand eight hundred and three, the county or counties, jointly acting, in which the same is situated, may purchase a toll-bridge constructed under the provisions of this chapter.

Legislation § 2881. Enacted March 12, 1872; based on Stats. 1869– 70, p. 888, $ 1.

ARTICLE III.

Toll-ferries.
§ 2892. Application for leave to erect, and notice.
$ 2893. Duty of the board of supervisors.
$ 2894. Powers of the board of supervisors.
§ 2895. Penalties, how disposed of.

§ 2896. Not applicable to municipal ferry. § 2892. Application for leave to erect, and notice. Every applicant for authority to erect and take tolls on a public ferry must publish a notice in at least one newspaper in each county in which the ferry is or touches, or if there is no newspaper published therein, then in one published in an adjoining county, and by posting three notices in three public places in the township for four successive weeks, specifying the location and the time and place when and where the application will be made. After notice is given application must be made in writing, under oath, to the board of supervisors of the proper county, the landings of the proposed ferry must be described, and the names of the owners thereof given, if known; and if the applicant is not the owner of the land, that notice of the application has been served on the owner thereof at least ten days prior to the application. Notice of application: See

nte, $ 2844. Legislation & 2892. Enacted March 12, 1872; based on Stats. 1855, p. 183, $ $ 2, 8, 12.

§ 2893. Duty of the board of supervisors. At the hearing, proof of giving the notice, as required by the preceding section, must be made, and any person may appear and contest the application. If the board finds that the ferry is either a public necessity or convenience, and that the applicant is a suitable person, and by reason of ownership of the landing or failure of the owner thereof to apply is entitled thereto, authority to erect and take tolls on the ferry may be granted to him for the term of twenty years.

Legislation & 2893. Enacted March 12, 1872; based on Stats. 1855, p. 183, $ 2; Stats. 1869-70, p. 887, § 1.

§ 2894. Powers of the board of supervisors. The board of supervisors may make all needful rules and regulations for the government of ferries and ferry-keepers, prescribing:

1. How many boats must be kept, their character and how propelled;

2. The number of hands, boatmen, or ferrymen to be employed, and rules for their government;

3. How many trips to be made daily; 4. When and under what circumstances to make trips in the night-time; 5. Who may be ferried free of toll; 6. In what cases of danger or peril not to cross; 7. Penalties for violation of regulations; 8. In case of steamboats, the rate of speed; 9. The method of and preference in loading and crossing; and, 10. How and by whom action must be brought to recover penalties.

Legislation § 2894. Enacted March 12, 1872; based on Stats. 1855, p. 185, § 13; Stats. 1869–70, p. 887, § 1.

§ 2895. Penalties, how disposed of. Penalties recovered unler this article must be paid to the county treasury for the use of the general road fund of the county.

Legislation § 2895. Enacted March 12, 1872. § 2896. Not applicable to municipal ferry. The provisions of article 1 and of article 3 of this chapter shall not apply to or affect any ferry owned or operated as a municipal ferry by any city and county, or incorporated city or town in this state, over waters situated in whole or in part within the limit of such city and county, incorporated city or

town.

Legislation § 2896. Added by Stats. 1911, p. 849.

CHAPTER V.

Wharves, Chutes, and Piers. $ 2906. Supervisors may grant authority to construct wharf, etc. $ 2907. Application, what to contain and how made. § 2908. What petition to contain, relative to lands not owned by appli

cant. $ 2909. Notice to be served on representatives of certain persons. 8 2910. Board to hear proof, and may grant authority. $ 2911. Overflowed or tide lands granted. $ 2912. One hundred and fifty feet on each side of wharf, etc. $ 2913. How to obtain use of lands. $ 2914. Dimensions of wharves, etc. $ 2915. Franchise, what to constitute. § 2916. Board of supervisors to fix rate of tolls, etc. $ 2917. License, and the tax for. § 2918. To keep in good repair. § 2919. Restrictions on granting authority. $ 2920. Cities and towns incorporated exempted and authorized. § 2921. Granting railroad right to construct.

§ 2906. Supervisors may grant authority to construct wharf, etc. The boards of supervisors of every county in this state may, upon approval of the railroad commission, grant authority to any person or corporation to construct a wharf, chute, or pier, on any lands bordering on any navigable bay, lake, inlet, creek, slough or arm of the sea, situated in or bounding their counties, respectively with a license to take tolls for the use of the same for the term of twenty years. [Amendment approved 1913; Stats. 1913, p. 947.)

Legislation § 2906. 1. Enacted March 12 1872; based on Stats. 1858, p. 120, § 1, as amended by Stats. 1869-70, p. 526, § 1. 2. Amended by Stats. 1913, p. 947.

§ 290% Application, what to contain and how made. Application therefor must be made by publishing notice as required in section two thousand eight hundred and ninety-two, and filing a petition in writing, containing:

1. The name and residence of the applicant; and if a corporation, a certified copy of the articles of incorporation;

2. A map of the waters, and the name and location thereof, and of the adjoining lands;

3. A plan of the wharf, chute, or pier proposed to be constructed, and of the land within three hundred feet thereof;

4. The names of the owners of the lands, and the quantity thereof sought to be used, and whether the right to use the same is or is to be acquired by the applicant;

5. The distance it is proposed to extend the wharf, chute, or pier into the waters;

6. The estimated cost of the construction of the wharf, chute, or pier; and, 7. The time when the application will be made.

Legislation § 2907. Enacted March 12, 1872; based on Stats. 1858, P. 120, $ 2.

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