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same without danger or delay. And when the right of way for a public highway is obtained through the judgment of any court over any railroad, canal, or ditch, no damages must be awarded for the simple right to cross the same.
ART. I. Construction of Toll Roads. $$ 2779-2801.
Article I. Construction of Toll Roads.
2780. Special meeting of Supervisors.
§ 2779. If all lands necessary for the roadbed and other purposes are not otherwise acquired as hereinafter provided, the company proposin to construct toll road thi ugh any part of a county must publish a notice in some newspaper published therein, and if none, then the newspaper nearest thereto, once in each week for six consecutive weeks, specifying the character of the road, the termini, and each town, city, or village through which it is proposed to construct it, and the time when the application hereinafter required will be made. After such notice is complete, on the day specified therein, application must be made to the Board of Supervisors of the county for authority to take the necessary land and to con. struct the road described in the notice.
85 Cal. 633; 88 Cal. 633; 102 Cal. 85 ; 122 Cal. 338. § 2780. On application therefor the President of the Board of Supervisors may call a special meeting to hear the application, ten days' notice thereof being served on each of the other Supervisors, either personally or by leaving it at his place of residence, if absent; the expense of such special meeting and serving notices must be paid by the applicant.
$ 2781. On the hearing, all residents of the county and others interested may appear and be heard. The board may take testimony, or authorize it to be taken by any officer of the county, and adjourn the hearing from time to time.
$ 2782. If it appears to the Board of Supervisors that the public interests will be promoted thereby, a majority of all the members thereof may grant the application, and by order authorize the company to take the real property necessary, and appoint two commissioners to lay out the road, who are disinterested either in the company or in any land sought to be taken or adjoining thereto. A copy of this order must be recorded in the County Clerk's office before action under it is had.
$ 2783. If the route extends into more than one county the application must specify their names, and the Board of Supervisors of each of such counties must appoint, commissioners to act in their respective counties with the commissioner and surveyor of the company. The company must appoint one commissioner of like qualification as those appointed by the Board of Supervisors, and furnish a surveyor to accompany and act with them.
$ 2784. The commissioners must take the oath of office, and view and lay out the road as in their judgment will best promote the public interest. They must hear all persons interested, and may take testimony; they may determine the breadth of the way, not exceeding one hundred feet, except where the company acquire a greater breadth by grant. They must make, sign, and certify an accurate survey and description of the route and of the land necessary for the road, buildings, and gates in each county, and record the same in the office of the County Clerk thereof. When the breadth of the road is not fixed by the commissioners it may be fixed by the Commissioner of Highways or the Board of Supervisors of the county.
§ 2785. The company must pay to each commissioner his expenses and four dollars a day for his services; cause their surveyor to make the map of the proposed road, which, when approved and certified by the commissioners, must be filed with the report in the office of the clerk of the Board of Supervisors and recorded.
$ 2786. The directors of any such company may, with the written consent of the holders of two thirds of the stock, proceed in the manner prescribed by the preceding seven sections to construct branches to their road, or to extend it or alter any part of its route or branches.
$ 2787. Lands necessary for the purposes of the road or appurtenances may be acquired by purchase or condemnation. Lands within any highway may be granted by the Board of Supervisors or town or city authorities on such terms and for such sums as may be agreed upon.
$ 2788. When the road company desires the exclusive use of lands forming part of a highway, and such use is granted by the Supervisors, the damages received therefor are to be paid to the road fund of the road district in which the same is situated.
§ 2789. When the company has obtained all the lands necessary in any county, by purchase or agreement, the road may be constructed without making the application to the Board of Supervisors hereinbefore provided for; but before proceeding to do so an accurate survey of such part of the road must be made by a practical surveyor, signed and sworn to by the
president and secretary, and recorded in the County Clerk's office; and if the road extends into another county, authority to construct the road there must be first obtained.
95 Cal. 85.
$ 2790. No such road must be laid out through any orchard of four years' growth, to the injury of the fruit trees, or any garden of four years' cultivation, or any dwelling-house or building connected with a dwelling-house, or any yard or inclosure necessary thereto, without the consent of the owner.
$ 2791. The road company may bridge any stream or river 02 the route of their road, when not within the limits prescribed by law for the erection and maintenance of any other bridge; and in bridging streams used for rafting lumber the bridge must be so constructed as not to prevent or endanger the passage of any raft forty feet in width.
$ 2792. No plank road company must construct its road on the road of another company, except in case of crossings, without consent of the latter.
$ 2793. Every such road must be laid out at least fifty feet wide. The track of plank roads must be constructed eighteen feet wide, of timber, plank, or other hard material. The track of turnpikes must be bedded with stone, gravel, or such other hard material found on the line thereof, to the width of eighteen feet, and faced with broken stone or gravel. The common wagon road must be graded at least twelve feet in width, and so constructed with necessary turnouts as to permit vehicles to pass each other conveniently. All the roads must be ditched on the sides when practicable, and have proper and necessary sewerage, and be so constructed that vehicles may pass on and off the track at all intersections of roads.
$ 2794. Every company that has once laid their road with plank may relay it or any part of it with broken stone, gravel, shells, or other hard material whereby they keep a good, substantial road.
$ 2795. A mile-stone or post must be maintained at every mile, with an inscription showing the distance from the commencement of the road. If the road commences at the end of any other road, or intersects therewith, having mile-stones or posts on which the distance from any city or town is marked, a continuation of that distance must also be inscribed.
$ 2796. A guide-post must be erected at every place where the road is intersected by a public road, with an inscription. showing the name of the place to which such intersecting road leads, in the direction to which the name on the guide-post points.
§ 2797. When the road, or three consecutive miles thereof, is completed, the commissioner of highways, or such road overseer or other person thereto specially appointed by the Board of Supervisors of the county, must inspect the road when requested, and if satisfied that the road conforms to the requirements of the law, must certify to the facts and file the certificate in the office of the County Clerk; for such service four dollars per day must be by the company paid to the inspector or commissioner. When only three miles of any plank road are completed, if it is not the entire road, tolls must not be collected thereon for more than one year, unless the road or five consecutive miles are completed within the year.
$ 2798. When the certificate of completion is filed, tollgates may be erected and tolls collected. No toll-gate, tollhouse, or other building must be put up within ten rods of the front of any dwelling-house, barn, or outhouse, without written consent of the owner thereof.
$ 2799. Whenever the holders of two thirds of the stock consent, the directors of any company may abandon the whole or any part of their road at either or both ends, by written surrender thereof, attested by their seal, and acknowledged by the president and secretary as a deed or grant is acknowledged, and recorded in the Clerk's office of each county where the surrendered road lies; thereafter the surrendered road belongs to the road districts in which it lies, but the company may continue to take toll on any three consecutive miles in length not so surrendered.
99 Cal. 213.
$ 2800. At any time within five years from filing the certificate of completion of any road constructed under the pro