HOW CONSTRUCTED OVER NAVIGABLE WATERS.

Sec. 2875, Pol. C. All bridges constructed under this chapter crossing navigable streams must be so constructed as not to obstruct 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. En. March 12, 1872. Section Cited.

Cardwell v. Sacramento Co., 79 Cal. 348, 21 Pac. 763.

Annotation.

Navigable Stream.-This term does not include any streams which are merely navigable at certain seasons of the year when the waters are high, or any streams other than such as have been declared navigable by the legislature, or are in fact so. (Caldwell v. Sacramento Co., 79 Cal. 348, 21 Pac. 763.)

SUPERVISORS MAY REGULATE.

Sec. 2876, Pol. C. 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. En. March 12, 1872.

CHANNEL OF STREAMS NAVIGABLE BY RAFTS TO BE KEPT CLEAR.

Sec. 2877, Pol. C. Anyone 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. En. March 12,

1872.

COMPLETION OF BRIDGE, RATE OF TOLL, AND LICENSE TAX.

Sec. 2878, Pol. C. 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 toll gate at such bridge and require such tolls as the boards of supervisors of the county or counties from time to time prescribe. A license therefor must be issued by the auditor of the county on giving the necessary bond and paying the license tax fixed therefor. En. March 12, 1872.

PERSONS EXEMPT.

Sec. 2879, Pol. C. Any person going to or from a funeral, school, performing highway labor, or attending 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. En. March 12, 1872.

Person not exempt, evading toll, fine against: Pen C., sec. 389.

PENALTY FOR AVOIDING TOLLS.

Sec. 2880, Pol. C. 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. En. March 12, 1872.

Passing gate of toll bridge and evading payment, fine for: Pen. C., sec. 389.

COUNTY MAY PURCHASE TOLL BRIDGE.

Sec. 2881, Pol. C. Within the same time, in like manner, and to the same effect as toll roads are purchased under the provisions of sections 2802 and 2803, the county or counties, jointly acting, in which the same is situated, may purchase a toll bridge constructed under the provisions of this chapter. En. March 12, 1872.

ARTICLE III.

TOLL FERRIES.

$2892. Application for leave to erect, and notice.

§ 2893. Duty of board of supervisors.

§ 2894. Powers of board of supervisors.

§ 2895. Penalties, how disposed of.

APPLICATION FOR LEAVE TO ERECT, AND NOTICE. Sec. 2892, Pol. C. 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 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. En. March 12, 1872.

DUTY OF BOARD OF SUPERVISORS.

Sec. 2893, Pol. C. 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. En. March 12, 1872.

POWERS OF BOARD OF SUPERVISORS.

Sec. 2894, Pol. C. 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 cases 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. En. March 12, 1872.

PENALTIES, HOW DISPOSED OF.

Sec. 2895, Pol. C. Penalties recovered under this article must be paid to the county treasurer for the use of the general road fund of the county. En. March 12, 1872.

CHAPTER V.

WHARVES, CHUTES, AND PIERS.

§ 2906. Board of supervisors to authorize construction.

§ 2907. Application, what to contain and how made.

§ 2908. Petition relative to lands not owned by applicant.

§ 2909. Notice served on nonresidents.

§ 2910. Board to hear proof, and may grant authority.

8 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.

82915. Franchise, what constitutes.

§ 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 exempted and authorized.

§ 2921. Granting railroad right to construct.

BOARD OF SUPERVISORS TO AUTHORIZE CONSTRUCTION.

Sec. 2906, Pol. C. The boards of supervisors of every county in this state may 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,

situate in or bounding their counties respectively, with a license to take tolls for the use of the same for the term of twenty years. En. March 12, 1872.

Legislative History.

The provisions of this chapter (secs. 2906-2921) are based on "An act to authorize the boards of supervisors of the several counties of the state to grant the right to construct wharves on the overflowed and submerged lands of this state," approved April 8, 1858 (Stats. 1858, p. 120), and the act amendatory thereof, approved March 31, 1870 (Stats. 1869-70, p. 526).

APPLICATION, WHAT TO CONTAIN AND HOW MADE.

Sec. 2907, Pol. C. Application therefor must be made by publishing notice as required in section 2892, 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 distances 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. En. March 12, 1872.

PETITION RELATIVE TO LANDS NOT OWNED BY APPLICANT.

Sec. 2908, Pol. C. 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