9. The method of and preference in loading and crossing; and, 10. How and by whom action must be brought to recover penalties. Enacted March 12, 1872. Penalties, how disposed of. § 2895. Penalties recovered under this article must be paid to the county treasurer for the use of the general road fund of the county. Enacted March 12, 1872. SEC. 2906. 2907. 2908. 2909. CHAPTER V. WHARVES, CHUTES, AND PIERS. Board of supervisors to authorize construction. Petition relative to lands not owned by applicant. 2910. Board to hear proof, and may grant authority. 2911. Overflowed or tide lands granted. 2912. One hundred and fifty feet on each side of wharf, etc. How to obtain use of lands. Dimensions of wharves, chutes, or piers. Franchise, what to constitute. 2913. 2914. 2915. 2916. 2917. 2918. To keep in good repair. 2919. 2920. 2921. Board of supervisors to fix rate of tolls, etc. Restrictions on granting authority. Cities and towns exempted and authorized. Board of supervisors to authorize construction. § 2906. 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. Enacted March 12, 1872. See, also, Pol. C. §§ 3378 and 4041. Application, what to contain and how made. $2907. Application therefor must be made by publishing notice as required in section twenty-eight hundred and ninetytwo, 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 distance 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. Enacted March 12, 1872. Petition relative to lands not owned by applicant. § 2908. 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 for the hearing of the same. Enacted March 12, 1872. Notice served on non-residents. § 2909. 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 post office 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. Enacted March 12, 1872. Board to hear proof, and may grant authority. $2910. 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 proofs 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. Enacted March 12, 1872. Overflowed or tide lands granted. § 2911. 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, submerged, or tide lands belonging to the state, particularly describing 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. Enacted March 12, 1872. One hundred and fifty feet on each side of wharf, etc. § 2912. The grant of authority herein provided for carries with it the right to have unincumbered 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. Enacted March 12, 1872. How to obtain use of lands. § 2913. 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 hereinbefore mentioned, there is no authority to construct a wharf, chute, or pier, or to take tolls thereon. Enacted March 12, 1872. 57 Cal. 204. Dimensions of wharves, chutes, or piers. § 2914. 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. Amended April 16, 1880; stats. 1880, p. 66. Franchise, what to constitute. § 2915. The orders granting authority, and agreements, contracts, deeds, and decrees of courts granting 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 fees of the recorder, as also the fees of the clerk, sheriff, and other officers, for services rendered, must be paid by the applicant. Enacted March 12, 1872. Board of supervisors to fix rate of tolls, etc. § 2916. 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 Amended March 24, 1876; stats. 1875-6, p. 52. License, and the tax for. § 2917. 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 road purposes. Enacted March 12, 1872. To keep in good repair. § 2918. 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. Enacted March 12, 1872. Restrictions on granting authority. § 2919. 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. Enacted March 12, 1872. 67 Cal. 545; 146 Cal. 397. Cities and towns exempted and authorized. § 2920. 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. Enacted March 12, 1872. 60 Cal. 347. Granting railroad right to construct. § 2921. Boards of supervisors of counties in this state may grant to any railroad corporation authority to construct a |