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surveyor of the corporation, two to be appointed by the Board of Supervisors of the county through which the road is to run, and one by the corporation, who must lay out the proposed road, and report their proceedings, together with the map of the road, to the Supervisors, as provided in the succeeding section. [Amendment in effect July 1, 1874.]
95 Cal. 86.
§ 513. When the route is surveyed a map thereof must be submitted to and filed with the Board of Supervisors of each county through or into which the road runs, giving its general course, and the principal points to or by which it runs, and its width, which "must in no case exceed one hundred feet, and the Supervisors must either approve or reject the survey. If approved, it must be entered of record on the journal of the board, and such approval authorizes the use of all public lands and highways over which the survey runs; but the Board of Supervisors must require the corporation, at its own expense, and the corporation must so change and open the highways so taken and used as to make the same as good as before the appropriation thereof; and must so construct all crossings of public highways over and by its road and toll gates, as not to hinder or obstruct the use of the same. [Amendment approved March 21, 1905; in effect in sixty days.]
Note.—$ 513. The change consists in the omission of the words “they were" before the word “before." The omission does not change the meaning of the section.
$ 514. All wagon road corporations may bridge or keep ferries on streams on the line of their road, and must do all things necessary to keep the same in repair. They may take such tolls only on their roads, ferries, or bridges, as are fixed by the Board of Supervisors of the proper county through which the road passes, or in which the ferry or bridge is situate. But in no case must the tolls be more than sufficient to pay fifteen per cent, nor less than ten per cent per annum, on the cost of construction, after paying for repairs and other expenses for attending to the roads, bridges, or ferries. If tolls, other than as herein provided, are charged or demanded, the corporation forfeits its franchise, and must pay to the party so charged one hundred dollars as liquidated damages. (Amendment approved March 21, 1905; in effect in sixty days.]
Note.-$ 514. The change consists in the omission of that part of the section excepting from its operation the counties of Butte, Del Norte, Humboldt, Klamath, Plumas, and Sierra.
§ 515. When any highway or public road is taken and used by any wagon road corporation as a part of its road, the corporation must not place a toll gate on or take tolls for the use of such highway or public road by teamsters, travelers, drovers, or any one transporting property over the same.
§ 516. The corporation must affix and keep up, at or over each gate, or in some conspicuous place, so as to be conveniently read, a printed list showing, first, the date when the franchise or privilege under which the right to collect tolls is claimed, was granted and the term of duration of said franchise; second, the date upon which rates of tolls were last fixed by the Board of Supervisors; and, third, the rates of tolls levied and demanded. Failure to comply with the provisions of this Act shall work an immediate forfeiture of franchise. [Amendment in effect February 14, 1901.]
$ 517. Each toll-gatherer may prevent from passing through his gate any person, animal, or vehicle, subject to toll, until the toll authorized to be collected for such passing has been paid. [Amendment approved March 21, 1905 ; in effect in sixty days.]
57 Cal. 602; 117 Cal. 160. Note.-8 517. The section as it stood authorized the tollgatherer to prevent from passing through his gate persons leading or driving animals or vehicles subject to toll. The form of the section has been changed to express what was doubtless originally intended by the Legislature.
$ 518. Every toll-gatherer who, at any gate, unreasonably hinders or delays any traveler or passenger or any vehicle or animal liable to the payment of toll, or demands or receives from any person more than he is authorized to collect, for each offense forfeits the sum of twenty-five dollars to the person aggrieved. [Amendment approved March 21, 1905; in effect in sixty days.]
51 Cal. 490. Note.-$ 518. The change consists in the insertion of the words "or any vehicle or animal” after “passenger.”
$ 519. Every person who, to avoid the payment of the legal toll, with his team, vehicle, or horse, turns out of a wagon, turnpike, or plank road, or passes any gate thereon on ground adjacent thereto, and again enters upon such road, for each offense forfeits the sum of five dollars to the corporation injured.
$ 520. Every person who :
1. Willfully breaks, cuts down, defaces, or injures any milestone or post on any wagon, turnpike or plank road; or,
2. Willfully breaks or throws down any gate on such road; or,
3. Digs up or injures any part of such road or anything thereunto belonging ; or,
4. Forcibly or fraudulently passes any gate thereon without having paid the legal toll ;
For each offense forfeits to the corporation injured the sum of twenty-five dollars, in addition to the damages resulting from his wrongful act.
$ 521. The entire revenue derived from the road shall be appropriated : first, to repayment to the corporation of the costs of its construction, together with the incidental expenses incurred in collecting tolls and keeping the road in repair ; and, second, to the payment of the dividend among its stockholders, as provided in section five hundred and fourteen. When the repayment of the cost of construction is completed, the tolls must be so reduced as to raise no more than an amount sufficient to pay said dividend, and incidental expenses, and to keep the road in good repair. [Amendment in effect July 1, 1874.]
$ 522. The corporation may mortgage or hypothecate its road and other property for funds with which to construct or repair its road, but no mortgage or hypothecation is valid or binding unless at least twenty-five per cent of the capital stock subscribed has been paid in and invested in the construction of the road and appurtenances, and then only after an affirmative vote of two thirds of the capital stock subscribed. [Amendment approved March 21, 1905; in effect in sixty days. ]
80 Cal. 341. Note.-$ 522. The change consists in the substitution of the word “its” in place of “their,” thus correcting an error of grammar.
$ 523. When a wagon, turnpike, or plank road is constructed, owned, or operated by any natural person, this title is applicable to such person in like manner as it is applicable to corporations.
79 Cal. 168; 80 Cal. 341; 98 Cal. 313.
$ 524. The legislative or other body to whom is intrusted the government of any county, city and county, city, or town, may, under such regulations, restrictions, and limitations as it may provide, subject to existing laws, grant franchises for the construction of paths and roads, either on the surface, elevated, or depressed, on, over, across, or under the streets and public highways of any such county, city, or town, for the use of bicycles, tricycles, motorcycles, and other like horseless vehicles, for a term not exceeding fifty years. In incorporated cities no franchise must be granted for the purpose herein expressed, unless the consent in writing of the owners of a majority of the frontage upon the road or street along which said path or road is sought to be constructed, is first had and obtained, and filed with such legislative or governing body. [New section ; approved March 21, 1905 ; in effect in sixty days.]
Note.—$ 524. The statute of 1897, page 191, authorizing municipal corporations to construct paths and roads for the use of bicycles and other horseless vehicles, is codified in this section.
Bridge, Ferry, Wharf, Chute, and Pier
529. In what contingencies corporate existence ceases.
contain. Damages for failing to report.
$ 528. No corporation must construct, or take tolls on, a bridge, ferry, wharf, chute, or pier until authority is granted therefor by the Supervisors, or other governing body having authority in that behalf. [Amendment approved March 21, 1905 ; in effect in sixty days.]
Note.-$ 528. The change consists in the insertion of the words or other governing body having authority in that behalf,” after “Supervisors.
$ 529. Every such corporation ceases to be a body corporate :
1. If, within six months from filing its articles of incorporation, it has not obtained such authority from the Board of Supervisors, or other governing body having authority in that behalf; and if, within one year thereafter, it has not commenced the construction of the bridge, wharf, chute, or pier, and actually expended thereon at least ten per cent of the capital stock of the corporation;
2. If, within three years from filing the articles of incorporation, the bridge, wharf, chute, or pier is not completed;
3. If, when the bridge, wharf, chute, or pier of the corporation is destroyed, it is not reconstructed and ready for use within three years thereafter;
4. If the ferry of any such corporation is not in running order within three months after authority is obtained to establish it, or if at any time thereafter it ceases for a like term consecutively to perform the duties imposed by law. [Amendment approved March 21, 1905 ; in effect in sixty days. ]
136 Cal. 49. Note.-$ 529. The change consists in the insertion of the words or other governing body having authority in that behalf,” after “Supervisors.'
$ 530. The president and secretary of every bridge, ferry, wharf, chute, or pier corporation must annually, under oath, report to the Board of Supervisors, or other governing body having authority in that behalf, of the county in which the articles of incorporation are filed :
1. The cost of constructing and providing all necessary appendages and appurtenances for its bridge, ferry, wharf, chute, or pier;
2. The amount of all moneys expended thereon, since its construction, for repairs and incidental expenses ;