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ENFORCING OBEDIENCE TO NOTICE AND REQUIREMENT. Sec. 2830, Pol. C. 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. En. March 12, 1872.

FEES OF COMMISSIONER OR OVERSEER.

Sec. 2831, Pol. C. 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. En. March 12, 1872.

PACK-TRAILS IN MOUNTAIN DISTRICTS

Sec. 2832, Pol. C. The boards of supervisors of the several counties of this state are hereby authorized to permit the tollroad companies heretofore or which may hereafter be organized under the provisions of this code, for the purpose of constructing toll roads 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. En. Stats. 1873-74, 131.

CHAPTER IV.

PUBLIC FERRIES AND TOLL BRIDGES.

Article I. General Provisions, §§ 2843-2858.

II. Toll Bridges, §§ 2870-2881.

III. Toll Ferries, §§ 2892-2895.

ARTICLE I.

GENERAL PROVISIONS.

§ 2843. What board to grant authority to construct.

§ 2844. Notice must be proved.

§ 2845. Duty of board of supervisors granting authority.

§ 2846. License tax and rate of tolls, how fixed.

§ 2847. Report of bridge or ferry owner or keeper.

§ 2848. Inquiry of the board of supervisors fixing tolls.

§ 2849. When to direct license to issue.

$2850. Bond, conditions and execution.

§ 2851. When bridge unites two counties.

§ 2852. Supervisors shall not act if interested.

§ 2853. Toll bridge or ferry within one mile of another, when.

§ 2854. Owner of land preferred to build bridge or ferry.

2855. How lands are acquired for use of bridge or ferry.

§ 2856. Must post rates of toll.

§ 2857. Revenue derived from license, how disposed of.

§ 2858. To keep banks in repair.

WHAT BOARD TO GRANT AUTHORITY TO CONSTRUCT.

Sec. 2843, Pol. C. 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. En. March 12, 1872.

Legislative History.

The provisions of this chapter are based on the public ferries and toll bridge act of 1855, page 183, and the amendatory act thereto approved April 4, 1870 (Stats. 1869-70, p. 887).

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Section Cited.

Sears v. Tuolumne Co., 132 Cal. 169, 64 Pac. 270; Pool v. Simmons, 134 Cal. 622, 66 Pac. 872; Los Angeles etc. Co. v. S. P. R. R., 136 Cal 49, 68 Pac. 308.

Annotation.

Property in Toll Bridge.-A toll bridge is dedicated by the builder for the use of the public, and becomes a public highway, the cost of the building and maintenance of which is reimbursed or conpensated by the tolls levied by public authority; and upon the expiration of the franchise, or upon abandonment of its use, the public has the free use thereof; and the builder, or his grantee, has no private property in the bridge, or any part thereof, for which he is entitled to compensation. (Sears v. Tuolumne Co., 132 Cal. 167, 64 Pac. 270. To same effect as to toll roads: Wood v. Truckee etc. Co., 24 Cal. 475; Kellett v. Clayton, 99 Cal. 212, 33 Pac. 885; People v. Davidson, 79 Cal. 166, 21 Pac. 538; Blood v. Wood, 95 Cal. 78, 30 Pac. 129; Blood v. McCarthy, 112 Cal. 564, 44 Pac. 1025.)

Grant of Franchise.-The act of 1893 (Stats. 1893, p. 288), requiring the sale of franchises, does not apply to a franchise for a ferry over a river between two counties; but such franchise is regulated by this and subsequent sections of this code. (Pool v. Simmons, 134 Cal. 621, 66 Pac. 872. To same effect: Los Angeles etc. Co. v. S. P. R. R., 136 Cal. 49, 68 Pac. 308.)

NOTICE MUST BE PROVED.

Sec. 2844, Pol. C. 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. En. March 12, 1872.

DUTY OF BOARD OF SUPERVISORS GRANTING AUTHORITY.

Sec. 2845, Pol. C. 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. En. March 12, 1872.

LICENSE TAX AND RATE OF TOLLS, HOW FIXED.

Sec. 2846, Pol. C. The license tax and rate of toll fixed as provided in the preceding section must not be increased 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. En. March 12, 1872.

Maintaining toll bridge without license: See sec. 386, Pen. C.

REPORT OF BRIDGE OR FERRY OWNER OR KEEPER.

Sec. 2847, Pol. C. 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.

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4. The amount of tolls collected; and

5. The estimated actual cash value of the bridge or ferry, exclusive of the franchise. En. March 12, 1872.

INQUIRY OF THE BOARD OF SUPERVISORS FIXING TOLLS. Sec. 2848, Pol. C. 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. En. March 12, 1872.

WHEN TO DIRECT LICENSE TO ISSUE.

Sec. 2849, Pol. C. 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 license tax rate of tolls, and the amount of the penal bond, and direct a license to be issued by the clerk. En. March 12, 1872.

Licenses generally: See post, sec. 3356 et seq., Pol. C.

BOND, CONDITIONS AND EXECUTION.

Sec. 2850, Pol. C. 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 con

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