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made to the board of supervisors, or when there is no such board, by the court of sessions of each county, in or through which said road shall run, and the notice of such application shall be for four suecessive weeks previous to presenting the same. Two of the comprissioners appointed to lay out such road shall be appointed by the board of supervisors, or court of sessions, as the case may be, and the other by the company. The directors of such company shall not be less than three nor more than nine. The rates of toll shall be prescribed from year to year by the board of supervisors or court of sessions, as the case may be. Such company shall not be compelled to keep an office, but may deposit their books with the county clerk of one of the counties in or through which said road may run, open for inspection, as if in their own office. Such company shall complete their road within two years from the date of the filing of their articles of association.
Sec. 3. When any existing road or highway, or any portion thereof, shall be taken by such company as a portion of their own road, it shall not be lawful for said company to erect any gates on such portion, or to denrand or charge any tolls for the passing or repassing of property or persons over the same.
Sec. 4. The entire revenue derived from such road shall be appropriated at first to the repayment to said company of the cost of said road, with twenty per cent per annum interest thereon, together with the incidental expenses incurred in collecting toll and keeping said road in repair. When such repayment has been made to said com. pany, the toll shall be so reduced as to merely yield an income sufficient to keep said road in good repair and pay incidental expenses.
TOLL ROADS. [The provisions of an act in relation to plank and turnpike roads, approved May 12, 1853, 169, are made applicable to the act granting franchise for a turnpike road; approved March 20, 1866, 323.)
[An act regulating the assessment and taxation of railroads and other roads, approved April 4, 1864, was repealed by act approved March 27, 1868, 404.]
An act to provide for the construction and maintenance of toll roads
within the state of California, [Approved April 4, 1870; Stats. 1869-70, p. 883.] Section 1. Any three or more persons, desiring to construct and diaintain a toll road within or through any one or more of the counties of this state, shall make, sign and acknowledge, before some officer authorized to take the acknowledgments of deeds, a certificate in which shall be stated
First-That it is their desire and intention to construct and maintain a toll road.
Second-The name by which such toll road is to be known.
Third-The termini of such road, naming the county or counties within which the same is to be constructed, and describing generally the route thereof.
Fourth-The name of the company, the place where the office is to be located, the names of the persons who shall manage the affairs of the corporation for the first year, the amount of its capitai stock and the number of shares into which the same is to be divided; and
Fifth-A diagram shall be inserted in or attached to the certifieate and referred to as the route of the proposed road.
Upon filing such certificate with the county clerk of the county where the office is to be located, and upon filing a certified copy thereof with the Secretary of State, the persons named in such certificate shall become a body corporate, with the right and authority to construet and maintain a toll road within the county or counties and upon the route in the certificate specified.
See. 2. From the time of the filing of the certificate aforesaid in the county clerk's office, all persons shall be deemed to have notice of the contents thereof, and the right of the corporation to the route for a road as shown by the diagram, shall become vested; provided, when such route extends into two or more counties, the filing of such certificate shall only operate as such notice in the county wherein the same is filed, but a certified copy thereof filed in the county clerk's office of any other county included in such diagram, shall, from the date of filing thereof, operate as notice with the same force and effect as herein provided; provided further, the work of construction of said road shall be commenced within thirty days from the time of the filing of the certificate, and shall be prosecuted with reasonable dispatch until completed, otherwise the filing and recording of the certificate shall cease to be notice to third persons,
Sec. 3. Upon complying with the provisions of this act, the corporation shall have the right to maintain a toll road over the route and between the termini mentioned in the certificate; provided, it shall be lawful for such corporation to make divergence from the strict line of route prescribed in their certificate, for more available ground, without forfeiting any right; and, provided further, said road may be constructed in sections or divisions, and rates of toll fixed upon such sections or divisions, and collected accortlingly. Upon the completion of such road, or of sections thereof, the corporation shall be entitled to charge and collect tolls from all persons who may travel upon or use the same, at such rates as may be fixed; but all tolls shall be uniform and operate equally on the same class of animals, teams and wagons, and shall be legibly painted, written or printed on a bulletin board exposed to public view at each toll-gate and it shall not be lawful for such corporation to commute tolls to any person or persons on more favorable terms than to any other person or persons. Any person, as toll-gate keeper or otherwise, who shall demand or collect from any person or persons, as tolls, any higher rate than as prescribed, shall be fined not less than twentyfive dollars nor exceeding five hundred dollars; and if done by authority of the corporation, all right to collect tolls on such road shall be forfeited. The board of supervisors of the county in which any such toll road may hereafter be constructed, under authority of this act, shall have the power, and it shall be their duty, to prescribe the rates of toll to be charged thereon; and when such road or sections thereof extends into two or more counties, the board of supervisors of each county shall fix the rates of toll for the portion of such road constructed within the county, if a toll gate be placed therein, and shall have the right from time to time, on complaint made, to change and regulate the same.
Sec. 4. All corporations formed under the provisions of this act shall have the right of way over all lands covered by their route, to the width of one hundred feet, for the purpose of construeting and maintaining their road, and shall have the right to place, at suitable places, toll-gates and toll-houses, and to collect toll thereon at such gates; provided, when ten persons over or through whose lands said road passes, and who are taxpayers of the county, by a statement in writing, signed by them, complain to the board of supervisors of the proper county that the tolls charged are too high, specifying the rates charged and the rate to which, in their opinion, the same should be reduced, when the board of supervisors, or, if the tolls complained of extend into two or more counties, the several boards of supervisors of such counties shall, after due consideration, by an order entered in their minutes of proceedings, proceed to fix the rates of toll to be charged and collected on such road at each toll-gate within the county, should the board deem any change in such rates proper or expedient.
Sec. 5. The right to maintain such toll road, when constructed, shall continue to exist in favor of the corporation or owners thereof for a term of ten years; provided, when the cost of construetion of such road has exceeded the sum of fifty thousand dollars, the term shall extend to twenty years; when the same shall have exceeded one hundred thousand dollars, the term shall extend to thirty years; when the same shall have exceeded one hundred and fifty thousand dollars the term shall extend to forty years; and when the same shall have exceeded two hundred thousand dollars, the term shall ex. tend to fifty years.
Sec. 6. Whenever any company organized under this act shall represent to the board of supervisors of any county or counties through or within which a toll road has been laid out for construetion, that they have constructed the same or any section or division thereof, and desire to commence charging and collecting tolls thereon, it shall be the duty of such board of supervisors to appoint one person, a resident taxpayer of the county, to act with one person of like qualifications selected by the company, and with one person of like qualifications selected by the two, to examine such road or such portion thereof upon which it is desired to collect tolls. If the persons so appointed and selected, or a majority of them, shall sign a certificate in writing, setting forth that the road or portion thereof examined by them has been completed, the corporation, from time of filing such certificate in the clerk's office of the proper county, shall have the right to charge and collect tolls as in this act provided. In case of the failure of any board of supervisors, after a request made in writing to the chairman of such board or clerk thereof, within ten days to make the appointment in this section provided, such corporation may proceed to charge and collect tolls, the same as though the appointment had been made and the certificate herein provided for had been filed; provided, before charging and collecting tolls, the corporation shall first request the board of supervisors of the county to fix rates of toll, and if after such request, made in writing to the chairman of the board or clerk thereof, such board fail or neglect for ten days to fix rates of toil, the corporation or owners of the road may fix such rates, and charge and collect the same until fixed by such board.
Sec. 7. At any time after five vears from the date of the comple. tion of any toll road, constructed under the provisions of this act, the county or counties within which the same has been constructed shall have the right to purchase the same, and for that purpose three appraisers shall be appointed by the board or boards of supervisors of such county or counties, and a like number may be selected by the
owners of the road, and the persons so chosen shall select a seventh, who shall fix the value of said road in gold coin, which sum, if paid or tendered to the owners of said road, or any officer or man. aging agent thereof, within three months from the time such value shall have been fixed, shall terminate the right of the corporation and all others to collect tolls on such road.
Sec. 8. If the right of way to construct any road, authorized by the provisions of this act, over the lands of individuals, cannot be had by mutual agreement, the corporation desiring such right of way may acquire the same under and by virtue of the provisions of the act entitled an act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto, approved May twentieth, eighteen hundred and sixty-one, and the acts amendatory of and supplementary thereto, and all the provisions of said act and acts are hereby made applicable to the provisions of this act, so far as the same may be made to apply to the objects and purposes thereof.
Sec. 9. If any person or persons traveling upon any toll road, constructed under the provisions of this act, shall attenrpt to run by, or actually run by or go around, any toll gate established thereon, with intent to avoid the payment of toll, he or they shall be deemed guilty of a misdemeanor, and on conviction thereof, before any court of competent jurisdiction, shall, for each offense, be punished by fine in any sum not exceeding fifty dollars; and any person or persons who shall willfully injure any such toll-road, or any toll-gate or toll-house thereto attached or belonging, shall be deemed guilty of a misdemeanor, and on conviction, as aforesaid, be punished for each offense by fine in any sumt not exceeding five hundred dollars; and all persons traveling on or using any such road, and becoming subject to the payment of tolls therefor, shall be liable to a civil action by attachment, process or otherwise, in favor of the corporation or owner of such road, for such tolls.
Sec. 10. All acts and parts of acts, so far only as they may conflict with the provisions of this act, are hereby repealed.
MANUFACTURING, MINING, MERCANTILE, WHARFING,
TRADE, BUSINESS AND COMMERCIAL CORPORATIONS, ETC. (The earliest act relating to this subject was, “Chapter V, Companies for Manufacturing, Mining, Mechanical, or Chemical Purposes” of “An act concerning corporations, passed April 22, 1850, 347.” It was repealed by section 25 of the following act.]
An act to provide for the formation of corporations for certain
purposes. [Approved April 14, 1853; Stats. 1853, p. 87.] Section 1. Corporations for manufacturing, mining, mechanical, mercantile, wharfing and docking, or chemical purposes, or for the purpose of engaging in any other species of trade, business, or commerce, foreign or domestic, may be formed according to the provisions of this act; such corporations and the members thereof being subject to all the conditions and liabilities herein imposed, and to none others. (Amendment, approved March 5, 1864; Stats. 1863-64, 149; repealed all acts, and parts of acts, inconsistent therewith.]*
Sec. 2. Any three or more persons who may desire to form a company for any one or more of the purposes specified in the preceding action, may make, sign, and acknowledge, before some officer competent to take the acknowledgment of deeds, and file in the office of the county clerk of the county in which the principal place of business of the company is intended to be located, and a certified copy thereof, under the hand of the clerk, and seal of the county court of said county, in the office of the Secretary of State, a certificate in writing, in which shall be stated the corporate name of the company, the objects for which the company shall be formed, the amount of its capital stock, the time of its existence, not to exceed fifty years, the number of shares of which the stock shall consist, the number of trustees and their names, who shall nranage the concerns of the company for the first three months, and the names of the city, or town, and county, in which the principal place of business of the company is to be located. [Amendment, approved March 7, 1859, 93.) +
Sec. 3. A copy of any certificate of incorporation, filed in pursuance of this act, and certified by the county clerk of the county in which it is filed, or his deputy, or by the Secretary of State, shall be received in all courts and places as presumptive evidence of the facts therein stated.
*The original section was the same as the amendment of 1864, with the exception that it did not contain any of the words “mercantile, wharfing, and docketing,” “other” and “business."
The original section was first amended by act approved April 30, 1855, 205, when the words “wharfing and dockage” were added.
It was again amended, by act approved April 10, 1858, 133, so as to read as follows:
Sec. 1. Corporations for manufacturing, mining, mechanical, wharfing and dockage, chemical, or agricultural purposes, or for the purpose of engaging in any species of trade or commerce, foreign or domestic, may be formed according to the provisions of this aet; such corporations and members thereof being subject to all the corditions and liabilities herein imposed, and to none others: Provided, that nothing in this section shall be so construed as to authorize a company formed under it to own or hold possession of more than fourteen hundred and forty acres of land, or to authorize an individnal member of such company or association, in his corporate capacity, to holl, own, or possess a number of acres to exceed eighty: And provided, further, that no corporation formed under the provisions of the said act of April fourteenth, one thousand eight hundred and fifty-three, except those formed for agricultural purposes, shall own or hold possession of more real estate than shall be actually neces. sary for the prosecution of the business for which it was ineorjorated: And provided, further, that no corporations, formed for agricultural purposes, shall be allowed to hold any mineral lands under the provisions of this act.
Sec. 2. Provided, that no contract valid in law, or right sacred in equity, shall be impaired by the retroactive force of this section: Provided, that nothing in this section shall be so construed as to authorize a company formed under it to own or hold possession of more than fourteen hundred and forty acres of land.
* The original section, instead of the language and a certified copy thereof, under the hand of the clerk, and seal of the county court of said county," had merely the words “and a duplicate thereof."