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§ 2908. What petition to contain, relative to lands not owned by applicant. When any lands are sought to be appropriated and used for a wharf, chute, or pier, of which the applicant is not the owner, or the right of way and use thereof has not been obtained by agreement, these facts and the particular description of such land must be set forth in the petition of the applicant, and a copy of the notice of application must be served on the owner thereof by the sheriff of the county, whose official return is conclusive evidence of service, at least ten days prior to the appointed day set ror the hearing of the same.
Legislation 2908. Enacted March 12, 1872; based on Stats. 1858, p. 121, $ 4, as amended by Stats. 1869–70, p. 526, § 4.
§ 2909. Notice to be served on representatives of certain persons. When the owner of the land is a non-resident of the county it is service of notice for the sheriff to leave a copy with the occupant or agent of the owner; if none, then to place a copy in the postoffice addressed to the owner thirty days prior to the day set for the hearing. If the owner is a minor, insane, idiot, or decedent, notice must be served on the guardian, administrator, or other legal representative of such person,
Legislation § 2909. Enacted March 12, 1872; based on Stats. 1869– 70, p. 526, $ 4.
§ 2910. Board to hear proof, and may grant authority. On the day named in the notice, or to which the hearing is adjourned, the board of supervisors must hear proof of publication and service of notice; if satisfactory, the board must hear the allegations of the petition and any objections to the granting of the application, and proofs in support of each. If from the proof's it appear that the public good or convenience will be promoted thereby, the board of supervisors may grant to the applicant the right to erect or construct a wharf, chute, or pier as prayed for, and to take tolls for the use of the same for the term of twenty years.
Legislation & 2910. Enacted March 12, 1872; based on Stats. 1869– 70, p. 526, § 4.
$ 2911. Overflowed or tide lands granted. The grant of authority made by the board of supervisors, as provided in the preceding section, conveys to the grantee or applicant the right of way and all necessary use for the purposes of the wharf, chute, or pier, of any of the overflowed, sub ged, or tide lands belonging to the state, particularly describir the quantity thereof in the order, as also the right of way over any swamp, overflowed, marsh, or tide lands lying between the wharf, chute, or pier and high or dry land, fifty feet in width, for twenty years.
Overflowed or tide lands of state: Post, 8$ 3440 et seq.
Legislation & 2911. Enacted March 12, 1872; based on Stats. 1869– 70, p. 526, $ 4.
§ 2912. One hundred and fifty feet on each side of wharf, etc. The grant of authority herein provided for carries with it the right to have unencumbered and unobstructed the land and water on each side of the wharf, chute, or pier, from high-water mark to navigable water, a distance of one hundred and fifty feet, for the convenience of landing, loading, and unloading vessels, but for no other purpose.
Legislation g 2912. Enacted March 12, 1872; based on Stats. 186970, p. 526, $ 4.
§ 2913. How to obtain use of lands. Authority to construct a wharf, chute, or pier being granted, the grantee or applicant may procure from the owner the right of way and other necessary incidental use for the wharf, chute, or pier, of any of his lands, by proceedings had under title seven, part three, of the Code of Civil Procedure. Until such use of the lands held adversely is obtained by agreement, or by the proceedings herein before mentioned, there is no authority to construct a wharf, chute, or pier, or to take tolls thereon.
Eminent domain: Ante, § 44. See Code Civ. Proc., § 1237.
Legislation $ 2913. Enacted March 12, 1872. § 2914. Dimensions of wharves, etc. The wharf, chute, or pier must not be of a greater width than seventy-five (75) feet, and may extend to navigable water; provided, that a wharf constructed upon any of the navigable rivers, straits, sloughs, and inlets in this state may extend along the shores for a distance not exceeding one thousand feet, but in no case shall any wharf, chute, or pier extend into the water so far as to obstruct the free navigation of the water on which the same is situated; provided, this act shall not apply to the water-fronts of incorporated cities and towns. (Amendment approved 1880; Code Amdts. 1880, p. 66.]
Statute does not apply to wharves in cities: See post, $8 2920, 2921.
Legislation § 2914. 1. Enacted March 12, 1872; based on Stats. 1869–70, p. 526, $ 4. 2. Amended by Code Amdts. 1880, p. 66.
§ 2915. Franchise, what to constitute. The orders granting authority, and agreements, contracts, deeds, and decrees of courts grauting the right of way and other use of lands, must be filed and recorded in the office of the recorder of the county where the wharf, chute, or pier is situate, and constitutes the franchise of the applicant. The fecs of the recorder, as also the fees of the clerk, sheriff, and other officers, for services rendered, must be paid by the applicant.
Legislation & 2915. Enacted March 12, 1872; based on Stats. 1858, P. 120, $ 5.
§ 2916. Board of supervisors to fix rate of tolls, etc. The board of supervisors must fix the rate of tolls or wharfage for the use of the wharf, chute, or pier, annually, which must not produce an income of less than fifteen per cent per annum, nor more than twenty-five per cent per annum on the fair cash value of the wharf, chute, or pier, and on the cost of repair and maintenance thereof, exclusive of the amount paid for license imposed by the next section; such value and cost of repair and maintenance to be fixed by the board of supervisors when levying the rates of tolls or wharfage, by hearing evidence and examining the assessment-rolls of the county. When fixed, the rates must be furnished the owner, and a printed or written copy thereof conspicuously posted on the wharf, chute, or pier. [Amendment approved 1876; Code Amdts. 1875–76, p. 52.]
Legislation § 2916. 1. Enacted March 12, 1872; based on Stats. 1858, p. 121, $ 6. 2. Amended by Code Amdts. 1875–76, p. 52.
§ 2917. License, and the tax for. When the wharf, chute, or pier is completed and the tolls or wharfage fixed, the owner is entitled to a license to take the tolls thereon for the term of one year, to be issued by the county auditor on the payment of such license tax as the board of supervisors may fix, which, except that for the first year, must not be more than ten per cent of the gross receipts for tolls or wharfage for the previous year, to be paid to the county treasury for general roail purposes.
Legislation § 2917. Enacted March 12, 1872. § 2918. To keep in good repair. Any owner or keeper of a wharf, chute, or pier who takes toll or wharfage for the use of the same when not in good repair, or is unsafe or dangerous, forfeits the sum of twentyfive dollars, to be recovered by order of the board of supervisors granting authority to construct it, for the use of the general road fund of the county, and is liable for all damages occasioned thereby.
Legislation § 2918. Enacted March 12, 1872; based on Stats. 1858, p. 120, $ 5.
§ 2919. Restrictions on granting authority. No authority must be granted under this chapter to interfere with vested rights, nor to interfere with or infringe grants heretofore made by state authority; nor does authority to construct a wharf, chute, or pier continue for a longer period than two years, unless the same is within that time completed.
Legislation § 2919. Enacted March 12, 1872; based on Stats. 1858, p. 120, 88 5, 10, as amended by Stats. 1869–70, p. 527, 88 5, 7.
§ 2920. Cities and towns incorporated exempted and authorized. The lands of the state situate in the city and county of San Francisco, and those otherwise disposed of or situate within the limits of any incorporated town or city of this state, are excluded from the provisions of this chapter. The municipal authorities of any incorporated city or town other than San Francisco may grant authority to construct wharves, chutes, and piers, as is herein provided for the board of supervisors.
Statute does not apply to wharves in cities: See ante, $ 2914; post, $ 2921.
Legislation § 2920. Enacted March 12, 1872; first sentence based on Stats. 1858, p. 121, § 9.
§ 2921. Granting railroad right to construct. Boards of supervisors of counties in this state may grant to any railroad corporation üuthority to construct a wharf or pier on or in front of any lands owned by it bordering on any navigable bay, inlet, lake, creek, slough or arm of the sea situate in or bounding their counties, respectively, with a license to take tolls for the use of the same for the terms of the corporate existence of the said railroad corporations, not exceeding fifty years, whenever such board finds the use of said wharf or pier necessary to the exercise of the franchise of such railroad corporation for terminal parposes, and the same may be granted without offering the same for sale. Nothing contained in this chapter shall be construed to limit the powers of such boards to grant the right to such railroad corporations to build and construct for terminal purposes on and in front of any lands owned by it any wharf or pier of the width necessary for the carrying on of the business of such railroad at such terminal, not to exceed one thousand (1,000) feet, and to the length that it may be desirable to construct the same, so that it may not prevent the navigation by boats and vessels of such navigable bay, inlet, lake, creek, slough or arm of the sea; provided, that there shall be excluded from the operation of this section any and all territory and property under the jurisdiction or control of any incorporated city or town or any board of state harbor commissioners. All of the provisions of this chapter not in conflict with anything in this section contained are hereby made applicable to all proceedings had under this section,
Statute does not apply to wharves in cities: See ante, $$ 2914, 2920.
2934. Horses to be fastened while standing.
$ 2938. Protection of bridges. $ 2931. Laws of the highway. When vehicles meet the drivers of each must turn seasonably to the right of the center of the highway, so as to pass without interference, under a penalty of twenty-five dollars for every neglect, to be recovered by the party injured. Wuere the whole breadth of a roadway is not worked, the center of the worked part is to be deemed the center of the highway. In time of snow, where there is a beaten track, the center of that is to be deemed the center of the highway. But this section does not apply to vehicles ineeting cars running on rails or grooved tracks.
Legislation § 2931. Enacted March 12, 1872. § 2932. Driver addicted to intoxication. No person must employ to drive any vehicle for the conveyance of passengers upon any pubic highway a person addicted to drunkenness, under penalty of five dollars for every day such person is in his employment.
Intoxication of railway engineer, conductor, etc., or telegraph operator, is misdemeanor: Pen, Code, š 391.
Legislation g 2932. Enacted March 12, 1872. § 2933. Notice to employer of driver's intoxication. If any driver, whilst actually employed in driving any such vehicle, is intoxicated to such a degree as to endanger the safety of his passengers, the owner, on receiving from any such passenger a written notice of the fact, verified by his oath, must forthwith discharge such driver; and if he has. such driver in his service within six months after such notice he incurs a lil penalty.
Intoxication of certain employees: See Pen. Code, $ 391,
$ 2934. Horses to be fastened while standing. The driver of any vehicle used to convey passengers must not leave the horses attached thereto while passengers remain in the same without first securely fastening the horses or placing the lines in the hands of some other person, so as to prevent their running, under a penalty of twenty dollars for each offense.
Legislation § 2934. Enacted March 12, 1872. § 2935. Penalties, how and by whom recovered. The penalties provided by the three preceding sections are to be recovered by the district attorney of the county in which the offender resides, for the use of the county road fund. Any action for a penalty incurred under the last section must be commenced within six months.
Fines and penalties: See ante, $ 2743.
Legislation § 2935. Enacted March 12, 1872. § 2936. Liability of owners for damages done by drivers. The owner of every vehicle running or traveling upon any road for the conveyance of passengers is liable for all damages to persons or property ilone by any person in his employment as a driver while driving such vehicle, whether done willfully or negligently, or otherwise, in the same manner as such driver would be liable.
Carriers of persons: Civ. Code, $8 2096 et seq.
Legislation & 2936. Enacted March 12, 1872. § 2937. Exceptions to preceding sections. Nothing contained in the six preceding sections must affect any law concerning hackney coaches or carriages in any city, nor affect laws or ordinances of any city for the licensing or regulating such coaches or carriages.
Legislation & 2937. Enacted March 12, 1872. § 2938. Protection of bridges. The owner of any toll-bridge and any plank-road company owning a bridge of not less than twenty feet span may put up conspicuously at each end of it notice in these words in large characters: "Five dollars fine for riding or driving on this bridge faster than a walk”; and whoever rides or drives faster than a walk on such bridge forfeits to the owner the sum of five dollars.
Fast riding or driving over: See ante, $ 2741; see, also, Pen. Code, $ 388.
Legislation & 2938. Enacted March 12, 1872.