Guide posts. Inspection, certificate, and com pletion. Erection of gates, etc. Abandon ment of road, and what becomes of it. 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 dol lars 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. NOTE.-Stats. 1869–70, p. 885, Sec. 6, modified. 2798. When the certificate of completion is filed toll gates may be erected and tolls collected. No toll gate, toll house, 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. NOTE.-Stats. 1869-70, p. 886. 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. NOTE.-See Sec. 2619, ante. may road, how. 2800. At any time within five years from filing County the certificate of completion of any road constructed purchase under the provisions of this Chapter the county within which the road or any part thereof is 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 the seventh by the County Judge, 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 becomes the property of the county. NOTE.-Stats. 1869-70, p. 886, Sec. 7. 2801. A majority of the Board of Commissioners mentioned in the preceding section constitute a quorum, aud 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. NOTE.-Stats. 1869-70, p. 888, Sec. 1. Persons exempt ARTICLE II. USE OF TOLL ROADS, AND OBSTRUCTIONS THEREON. SECTION 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 from tolls. exempt from payment of toll on wagon, turnpike, or plank roads: Encroachments, how removed. 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 militia training which by law they are required to attend; 3. Persons going to or from the Court House in obedience to a subpoena in a criminal action; 4. Persons living within a 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 parental or boarding houses. NOTE.-Persons not exempt who do not pay tolls guilty of misdemeanor.-Penal Code Cal., Sec. 389. 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 VIII, Chapter II of this Title. 2816. Every person who, having the control there- Who liable for penalty, of, neglects to remove an encroachment after being and what. notified 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. An 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. NOTE.-See Secs. 588, 589, 590, Penal Code Cal. Action for trespass. penalty or ARTICLE III. INSPECTION AND REPAIRS. SECTION 2827. Inspection of roads, by whom, and how repairs to be made. 2828. Closing gates, and penalty. 2829. Defects in road, to be reported to whom. 2830. Enforcing obedience to notice and requirement. 2831. Fees of Commissioner or Overseer, what, and how of roads, 2827. Every Commissioner of Highways or Road Inspection 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. 2828. A gate so ordered to be thrown open must by whom, repairs to and how be made. Closing gates, and penalty. Defects in road, to be whom. 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 reported to 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. Enforcing obedience to notice and re 2830. If the notice and requirements are not obeyed, the Commissioner of Highways or Road quirement. 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. Fees of Commissioner or Overseer, what, and how paid. 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 |