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visions of this chapter, or at any time after any toll road constructed and under operation under any of the laws of this State has been in existence for ten or more years, a county within which the road or any portion thereof located, may purchase the same at a fair cash valuation, to be fixed by seven commissioners, all disinterested persons; three to be appointed by the Board of Supervisors of the county, three by the owner
of the road, and one by the Judge of the Superior Court of the county, who must estimate the fair cash value of the road, and make report thereof, under oath, to the Board of Supervisors. If, within three months after filing the report, the appraised value thereof is tendered on behalf of the county to the owner of the road, or his authorized managing agent, in gold coin, the right of the owner to take tolls on the road is terminated, and the road to become the property of the county. [Amendment in effect March 27, 1895.]
80 Cal. 341; 99 Cal. 213; 122 Cal. 338.
$ 2801. A majority of the board of commissioners mentioned in the preceding section constitute a quorum, and the concurrence of a majority in making the estimate and award is binding upon the road-owner, if approved by the Board of Supervisors. The commissioners must make their report within thirty days after their appointment, and if approved, the tender of the amount of the appraisement and award must be made by the County Treasurer; whether the owner conveys the road to the county or not, the report and tender operate as a conveyance to the county of the road and all its incidents and appurtenances.
Article 11. Use of Toll Roads, and Obstructions Thereon. SEC. 2814. Persons exempt from tolls.
2815. Encroachments, how removed. 2816. Who liable for penalty, and what. 2817. Action for penalty or trespass. $ 2814. The following persons, and none other, are exempt from payment of toll on wagon, turnpike, or plank roads :
1. Persons going to or from any funeral, and all funeral processions ;
2. Troops in actual service of the State or of the United States, and persons going to or from a military training which by law they are required to attend ;
3. Persons going to or from the courthouse in obedience to a subpæna in a criminal action;
4. Persons living within one mile of any gate by the most usually traveled road may pass it at one half toll, when not engaged in the transportation of others or the property of others;
5. Farmers living on their farms within one mile of any gate by the most usually traveled road may pass free when going to or from their work on such farms;
6. School children attending school within three miles of their parents' or boarding house.
7. The road overseer of the road district through which road passes, or the commissioners of highways, for the purpose of inspecting the condition of the road. [Amendment approved March 12, 1880 ; took effect sixtieth day after passage.]
$ 2815. On application by an officer of the company, the commissioner of highways, or road overseer of the district where the same exists, may inquire into any encroachment upon the lands of the company used for the purposes of the road, caused by fence, building, or otherwise; and he must, if he finds it does exist, require or cause its removal as provided for highway encroachments in article eight, chapter two, of this title.
99 Cal. 213.
§ 2816. Every person who, having the control thereof, neglects to remove an encroachment after being notifred thereof, or permits the same to remain after notice, unless he immediately commences, and diligently prosecutes its removal to completion, is liable to a penalty of five dollars for every day of such neglect or failure.
§ 2817. in action for the penalties given by this chapter, and for any trespass on or injury to such road, may be maintained in the county where the act was done, or in that where the defendant resides, by the company.
Article III. Inspection and Repairs.
2828. Closing gates, and penalty.
§ 2827. Every commissioner of highways or road overseer of the district to whom complaint in writing is made, that any part of a wagon, turnpike, or plank toll road in his county or district or any part of such road, the gate nearest to which is in his county or district, is out of repair, must examine it without delay, and give notice of the defect, particularly describing the same, to the person attending the gate nearest thereto; if the necessary repair is not made or defect remedied within three days after such notice is given, the commissioner or road overseer may order such gate to be thrown open.
99 Cal. 213.
$ 2828. A gate so ordered to be thrown open must not be shut nor any toll collected thereat until the commissioner of highways or road overseer ordering it shut grants a certificate that the road is in sufficient repair, and that the gate ought to be closed. The company and their gatekeeper, or other employé, violating or permitting the violation of this section, or the order made under the preceding section, are each liable in a penalty of twenty-five dollars for each offense, to be recovered by the party aggrieved.
§ 2829. Every commissioner of highways or road overseer who discovers a defect in any toll road in his county or district, or a gate placed in a situation contrary to law, must give written notice thereof to one or more of the directors or managing agents of the company, requiring the defective road to be repaired, or the gate to be removed, within a specified time; and may order that in the meantime such gates as he specifies be thrown open.
$ 2830. If the notice and requirements are not obeyed, the commissioner of highways or road overseer must make immediate complaint to the District Attorney of the county, who must prosecute the company therefor in the name of the people for so suffering the road to be out of repair, or of having placed any gate in a situation contrary to the law; and if convicted thereof, the company must be fined not exceeding two hundred and fifty dollars.
$ 2831. The commissioner of highways or road overseer complaining to the District Attorney, or who makes inspection and discovers defects in the road, is entitled to three dollars for each day's services in inspecting the road, or necessarily expended in prosecuting the action therefor, to be paid in case of conviction as costs. When no action is had, but repairs are made, or gate removed, on the inspection and requirement of the commissioner of highways or road overseer, the toll gatherer nearest the road so out of repair, or the gate to be moved, must pay the fees hereinbefore specified out of the tolls collected; if he refuse to pay the same, the same may be recovered by action, with costs.
§ 2832. The Boards of Supervisors of the several counties of this State are hereby authorized to permit the toll-road companies heretofore or which may hereafter be organized under the provisions of this code, for the purpose of constructing toll roads within the mountain districts of this State, to first construct on the line of their proposed toll road a pack trail for the accommodation of pack trains and horsemen, and to collect tolls thereon; the Board of Supervisors shall fix the amount of license to be paid and tolls to be collected on such pack trail, and that no such permit or franchise shall be granted for a longer period than two years. [Amendment in effect March 30, 1874.]
PUBLIC FERRIES AND TOLL BRIDGES.
ART. I. General Provisions. $$ 2843-2858.
II. Toll Bridges. $$ 2870-2881.
Article 1. General Provisions.
SEC. 2843. What board to grant authority to construct.
2844. Notice must be proved.
2858. To keep banks in repair. $ 2843. When authority to construct a toll bridge or to erect and keep a ferry over waters dividing two counties is desired, application must be made to the Board of Supervisors of that. county situated on the left bank descending such bay, river, creek, slough, or arm of the sea.
6 Cal. 590; 29 Cal. 453; 132 Cal. 169; 134 Cal. 622; 136 Cal. 48.
§ 2844. The Board of Supervisors must not grant authority to construct or erect a toll bridge or ferry until the notice of such intended application has been given as respectively required in articles two and three of this chapter.
§ 2845. The Board of Supervisors granting authority to construct a toll bridge or to keep a public ferry must at the same time :
1. Fix the amount of a penal bond to be given by the person or corporation owning or taking tolls on the bridge or