Boards of supervisors may grant railroad corporations au thority to construct wharves and piers. CHAPTER CCLI. An act adding a new section to the Political Code of the state of California, to be numbered two thousand nine hundred and twenty-one, authorizing the granting by boards of supervisors to railroad corporations of franchises for the construction of wharves and piers for terminal purposes of such railroad corporations when found necessary, without offering the same for sale, excepting from the operation of this act any territory and property under the jurisdiction or control of any incorporated city or town, or any board of state harbor commissioners. [Approved March 22, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. A new section is hereby added to the Political Code of the state of California, numbered two thousand nine hundred and twenty-one, as follows: 2921. Boards of supervisors of counties in this state may grant to any railroad corporation authority 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 term 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 purposes, 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. SEC. 2. This act shall take effect immediately. CHAPTER CCLII. An act to amend section seventeen hundred and seventy-two of an act entitled "An act to establish a Code of Civil Procedure," approved March 11, 1872, relating to the powers of guardians in partition. [Approved March 27, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section seventeen hundred and seventy-two of an act entitled "An act to establish a Code of Civil Procedure," approved March eleventh, eighteen hundred and seventy-two, is hereby amended to read as follows: in parti. tion. 1772. The guardian may join in and assent to a partition Guardians, of the real or personal estate of the ward, wherever such assent powers of, may be given by any person; provided, that such assent can only be given after the court having jurisdiction over said estate shall grant an order conferring such authority, which order shall only be made after a hearing in open court upon the petition of the guardian after notice of at least ten days, mailed by the clerk of the court to all the known relatives of the ward residing in the county where the proceedings are pending. The guardian may also consent to a partition of the real or personal estate of his ward without action, and agree upon the share to be set off to such ward, and may execute a release in behalf of his ward to the owners of the shares, of the parts to which they may be respectively entitled, upon obtaining from said court having jurisdiction over said estate, authority to so consent after a hearing in open court upon the petition of the guardian after notice of at least ten days, mailed by the clerk of the court to all the known relatives of the ward residing in the county where the proceedings are pending. Lake Tahoe wagon missioner, duties of. CHAPTER CCLIII. An act to amend section four of an act entitled "An act to create the office of Lake Tahoe wagon road commissioner, providing the term of office and compensation of such commissioner, defining his duties, and making an appropriation for the salary and expenditures provided for and authorized by this act," approved April 1, 1897; and making an appropriation to pay the salary and expenditures provided for and authorized by said act, for the remainder of the fiftieth and for the fifty-first and fifty-second fiscal years. [Approved March 28, 1899.] The people of the state of California, represented in senate and assembly, do enact as follows: SECTION 1. Section four of said act is amended to read as follows: Section 4. Said commissioner shall have the care, control, management, and supervision of that certain wagon road road com- belonging to the state of California, known as the "Lake Tahoe wagon road," situated in the county of El Dorado, in said state, and commencing at the junction of said road with the Placerville and Newtown road, a short distance easterly from the village of Smith's Flat, in said county, and running thence to a point on the east boundary line of this state at or near Lake Tahoe. It shall be his duty to keep said road, and the bridges and culverts thereon, in good repair and condition, and he shall keep said road free from obstructions and open for travel at all times, except when prevented by snow or severity of climate. He shall repair or rebuild said road, bridges, and culverts whenever and wherever necessary, and shall construct new bridges and culverts when necessary or proper, and may alter or change said road when necessary or proper to improve the same, and may and shall do all things necessary or proper to care for, manage, maintain, improve, and protect said road, together with its bridges and culverts, and to otherwise perform his duties as such commissioner; and in so doing he is authorized to employ all necessary assistance and procure all necessary materials, implements and appliances; provided, that before any of the moneys herein appropriated are expended on said Lake Tahoe state wagon road, it shall be the duty of the highway commissioner (provided for in an act entitled "An act to create a department of highways for the state of California, to define its duties and powers, to provide for the appointment of officers and employés thereof, and to provide for the compensation of said officers and employés, and for the additional expenses of said department, and to make an appropriation therefor for the remainder of the forty-eighth fiscal year," approved April first, eighteen hundred and ninety-seven) to make or cause to be made all necessary surveys, plans, and commis depart specifications for contemplated contract work in connection. with said Lake Tahoe wagon road, and upon their completion the Lake Tahoe wagon road commissioner shall be empowered to advertise for bids for said work as covered by said surveys, plans, and specifications, and to let the contract or contracts for the same to the lowest responsible bidder; provided, that before any payments are made for said work it shall have been first inspected by the highway commis- Dutles of sioner (of the department of highways) and by him certified highway to the state board of examiners, as fulfilling all the conditions sioner of of the contract and plans and specifications covering said ment of work; and all claims for said work shall be further audited highways. and approved by the state board of examiners, and such having been done, the controller shall draw his warrants, from time to time, as may be necessary, in favor of the person, or persons, to whom said money is due, and the treasurer shall pay the same; provided, furthermore, that the expenditure of all money for the making of plans, specifications, or surveys, and the employment of all engineers or draughtsmen therefor, and the purchase of all apparatus or supplies therefor, shall be within the jurisdiction of the highway commissioner (of the department of highways), and he shall have the power to employ all such engineers and draughtsmen, and to purchase all engineering apparatus and supplies necessary for the carrying out of the provisions of this act; but all claims for such service or material furnished shall be before payment audited and approved by the state board of examiners, and such having been done, the controller shall draw his warrants for the same, and the treasurer shall pay said warrants. SEC. 2. There is hereby appropriated out of any money in Appropriathe state treasury not otherwise appropriated, the sum of tion. twenty-five thousand ($25,000.00) dollars to carry out the provisions of said act for the remainder of the fiftieth fiscal year and for the fifty-first and fifty-second fiscal years. Of said sum of twenty-five thousand dollars the sum of five thousand dollars is made available immediately for paying the salary, traveling, and other expenses incurred by said Lake Tahoe state wagon road commissioner, and to pay for making of surveys, plans, and specifications by the state highway commissioner as herein provided, and for other expenses incident thereto. The sum of twenty thousand dollars is hereby set apart and made available from and after January first, A. D. nineteen hundred, for repairing and improving said road and structures thereon and the building of any necessary new road structures thereon. SEC. 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. SEC. 4. This act shall take effect and be in force from and after its passage. |