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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.
$ 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.
$ 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.
57 Cal. 204.
§ 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 in lets 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. [Amendment approved April 16, 1880.]
$ 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.
§ 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. [Amendment, March 24, 1876.]
8 2917. When the wharf, chute, or pier is completed and the tolls or wharfage fixed, the owner 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.
§ 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 twenty-five 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.
§ 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.
67 Cal. 545.
8 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.
60 Cal. 347.
$ 2921. Boards of Supervisors of counties in this State may grant to any railroad corporation authority to construct a wharf or pier on or in front of any lands owned by it bordering on any navigable bay, inlet, lake, 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 the corporate existence of the said railroad corporations, not exceeding fifty years, whenever such board finds the use of said wharf or pier necessary to the exercise of the franchise of such railroad corporation for terminal purposes, and the same may be granted without offering the same for sale. Nothing contained in this chapter shall be construed to limit the powers of such boards to grant the right to such railroad corporations to build and construct for terminal purposes on and in front of any lands owned by it any wharf or pier of the width necessary for the carrying on of the business of such railroad at such terminal, not to exceed one thousand (1,000) feet, and to the length that it may be desirable to construct the same, so that it may not prevent the navigation by boats and vessels of such navigable bay, inlet, lake, creek, slough, or arm of the sea; provided, that there shall be excluded from the operation of this section any and all territory and property under the jurisdiction or control of any incorporated city or town or any Board of State Harbor Commissioners. All of the provisions of this chapter not in conflict with anything in this section contained are hereby made applicable to all proceedings had under this section. [Approved March 22, 1899.]
TITLE VI. CHAPTER VI.
MISCELLANEOUS PROVISIONS RELATING TO
SEC. 2938. Protection of bridges.
§ 2938. The owner of any toll bridge, and any plank-road company owning a bridge of not less than twenty feet span, may put up conspicuously at each end of it notice in these words in large characters: “Five dollars fine for riding or driving on this bridge faster than a walk”; and whoever rides or drives faster than a walk on such bridge forfeits to the owner the sum of five dollars.
TITLE VII. CHAPTER VI.
LOST AND UNCLAIMED PROPERTY.
Article II. Unclaimed Property. § 3153. If no person calls for the property within sixty days from the receipt thereof, and pays freight and charges thereon, the carrier, commission merchant, innkeeper, or warehouseman may sell such property, or so much thereof as will pay freight and charges, to the highest bidder at public auction, having first caused such notice of sale to be given as is customary in sales of goods by auction at the place where said goods may be held or stored. If any surplus is left, after paying freight, storage, expenses of sale, and other reasonable charges, the same must be paid over to the owner of such property, upon demand being made therefor at any time within sixty days after the sale. [Amendment approved March 6, 1903.]
TITLE VII. CHAPTER X.
HOURS OF LABOR.
SEC. 3246. Twelve hours on street cars.
$ 3246. Twelve hours' labor constitutes a day's work on the part of drivers and conductors, and gripmen of street cars for the carriage of passengers. Any contract for a greater number of hours' labor in one day shall be and is void, at the option of the employé, without regard to the terms of employment, whether the same be by the hour, day, week, month, or any other period of time, or by or according to the trip or trips that the car may, might, or can make between the termini of the route, or any less distance thereof. Any and every person laboring over twelve hours in one day as driver, or conductor, or gripman, on any street railroad, shall receive from his employer thirty cents for each hour's labor over twelve hours in each day.
SEC. 3250. Hours of labor on street cars.
$ 3250. No person shall be employed as conductor, or driver, or gripman on any street railroad, for more than twelve hours in one day, except as in this Act provided; and any corporation, or company, or owner, or agent, or superintendent, who knowingly employs any person in such capacity for more than twelve hours in one day, in violation of the terms of this Act, shall forfeit the sum of fifty dollars as a penalty for such offense, to the use of the person prosecuting any action therefor, and any number of forfeits may be prosecuted in one action.
Chapter 1. Property Liable to Taxation. SEC. 3608. Shares of stock in corporations. How assessed.
§ 3608. Shares of stock in corporations possess no intrinsic value over and above the actual value of the property of the corporation which they stand for and represent; and the assessment and taxation of such shares, and also all the corporate property, would be double taxation. Therefore, all property belonging to corporations, save and except the property of national banking associations not assessable by Federal statute, shall be assessed and taxed. But no assessment shall be made of shares of stock in any corporation, save and except in national banking associations, whose property, other than real estate, is exempt from assessment by Federal statute.
62 Cal. 115; 116 Cal. 22.