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Toll bridge

or ferry

2853. No toll bridge or ferry must be established

within one within one mile immediately above or below a regu

mile of

another,

when.

Owner of land preferred to build

bridge or ferry.

How lands are

acquired

for use
of bridge
or ferry.

Must post

rates of

toll.

larly established ferry or toll bridge, unless the situ ation of a town or village, the crossing of a public highway, or the intersection of some creek or ravine renders it necessary for public convenience. In addition to the public notice hereinafter required, notice of intention to apply for authority to erect a toll bridge or ferry, as in this section provided, must be served upon the proprietor of the ferry or toll bridge already established at least ten days prior thereto, giving the time and place and grounds of such application.

NOTE.-Stats. 1855, p. 183, Sec. 7; 1861, p. 307, Sec. 1. See Norris vs. Farmers' and Teamsters' Co., 6 Cal., p. 590; Ward vs. Severance, 7 Cal.,

p. 126.

2854. The owner of land on either side of the waters to be crossed, and the owner of the land on the left bank descending over the owner of land on the right bank, is entitled to preference in procuring authority to construct a bridge or ferry; but where such owner fails or neglects to apply for such authority within a reasonable time after the necessity therefor arises, the Board of Supervisors may grant such authority to another.

2855. When there are lands necessary for the construction, erection, or use of such bridge or ferry which cannot be procured by agreement between the owner or corporation and the landowner, the right of way and all other lands necessary for the use and construction or erection thereof may be acquired by condemnation.

2856. Every licensed toll bridge or ferry must have the rates of toll as fixed by the Board of Supervisors, printed or written, posted up in some conspicuous place on or near the bridge or ferry.

derived

license,

2857. The proceeds of the license tax on ferries Revenue and toll bridges must be paid into the County Treas- from ury for the use of roads and highways, or may be h used by the Board of Supervisors at any time in the purchase of toll roads and toll bridges.

NOTE.-Stats. 1855, p. 187, Sec. 26.

2858. All ferry and toll bridge keepers must keep the banks of the streams or waters at the landings of their ferries or bridges graded and in good order for the passage of vehicles. of vehicles. For every day compliance herewith is neglected twenty-five dollars is forfeited, to be collected for the use of the Road Fund of the

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disposed of.

To keep repair.

banks in

ARTICLE II.

TOLL BRIDGES.

SECTION 2870. Application for leave to construct. 2871. Hearing application.

2872. Action of the Board of Supervisors.

2873. What the Board of Supervisors may require.

2874. Use of highways.

2875. How constructed over navigable waters.

2876. Supervisors may regulate weight, number, and attend

ance.

2877. Channel of streams navigable by rafts to be kept clear.
2878. Completion of bridge, rate of toll, and license tax.
2879. Persons exempt.

2880. Penalty for avoiding tolls.

2881. County may purchase toll bridge.

2870. Every applicant for authority to construct a toll bridge must publish a notice in at least one newspaper in each county in which the bridge or any part of it is to be, or if no paper is published therein, in an adjoining county, once in each week for six successive weeks, specifying the location, the length and breadth of the bridge, and the time at which the application hereinafter required will be made. After

Applica

tion for

leave to

construct.

Hearing application

Action of the Board

of

Supervisors

What the
Board of

may require.

notice is given, application must be made to the Board of Supervisors of the proper county, at any meeting specified in the notice, for authority to construct it.

NOTE.-Stats. 1869-70, p. 887, Sec. 1. This notice is a jurisdictional fact.

2871. On the hearing, any person may appear and be heard. The Board may take testimony or authorize it to be taken by any judicial officer of the county; and it may adjourn the hearing from time to time. A copy of the articles of incorporation, certified by the Secretary of State, or by the Clerk where they are filed, must be attached to and filed with the application if made by a corporation.

2872. If the Board are of opinion that the public interests will be promoted thereby, it may, by the assent of a majority of all the members of the Board, grant the application by an order entered in its minutes, and particularly describing the bridge. applicant must cause a certified copy of the order, with a copy of the application, to be recorded in the office of the Clerk of the county before proceeding under it.

The

2873. The Board of Supervisors may, at the time Supervisors of granting authority to construct a toll bridge, by order, require the bridge to be constructed within a certain time, to be of a certain width, character, or description, and to be constructed of certain materials, which order must be complied with by the owner or corporation constructing the same before license to take tolls is issued.

Use of highways.

NOTE.-Stats. 1855, p. 184, Sec. 14.

2874. The corporation or bridge owner may use, in such manner as prescribed by the Board, so much of any public road on either side of the stream or waters as may be necessary for constructing and maintaining the bridge and toll houses.

constructed

navigable waters.

2875. All bridges constructed under this Chapter How crossing navigable streams must be so constructed as over not to obstruct navigation, and must have a draw or swing of sufficient space or span to permit the safe, convenient, and expeditious passage at all times of any steamer, vessel, or raft which may navigate the stream or water bridged.

NOTE.-Stats. 1869-70, p. 888, Sec. 1.

may

weight, number,

attendance.

2876. The Board of Supervisors may, by order, Supervisors regulate and govern the amount of weight and num- regulate ber of animals that may be driven on to a toll bridge and at any one time, and prescribe rules for the government of the draws or swings and attendance of the same, and prescribe penalties for disobedience of such rules.

NOTE.-Stats. 1869-70, p. 888, Sec. 1.

2877. Any one bridging a stream navigated or navigable must at all times keep the channel above and below the bridge clear from all deposits occasioned by its erection and prejudicial to such navigation, and is liable to pay to all persons unreasonably hindered or delayed in passing such bridge with rafts or vessels all damages sustained thereby.

NOTE.-Stats. 1869–70, p. 888, Sec. 1.

2878. Every bridge erected under these provisions must have good and substantial railings or sidings, at least four and a half feet high. When a bridge is completed, and a certificate that it is so, and is safe and convenient for the public use, is signed by the Commissioner of Highways or President of the Board of Supervisors, and filed in the County Clerk's office in the county or counties in which it is located, the Directors or owner may erect a toll gate at such bridge and require such tolls as the Boards of Supervisors of the county or counties from time to time prescribe. A

68-VOL. I.

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license therefor must be issued by the Auditor of the county on giving the necessary bond and paying the license tax fixed therefor.

NOTE.-Stats. 1855, p. 183, Sec. 5.

2879. Any person going to or from a funeral, school, performing highway labor, or attending a mili tary parade, or Court which by law he is required to attend as a witness in a criminal case, is exempt from the payment of tolls.

NOTE.-Persons not exempt who do not pay tolls guilty of a misdemeanor.-Penal Code Cal., Sec. 389.

2880. Any person liable to pay toll forcibly or fraudulently passing the gate of a toll bridge without paying the toll is liable to a penalty of ten dollars in addition to the damages caused, to be recovered by the owner.

NOTE.-Stats. 1869-70, p. 888, Sec. 1. See Penal Code Cal., Sec. 389.

2881. Within the same time, in like manner, and to the same effect as toll roads are purchased under the provisions of Sections 2802 and 2803, the county or counties, jointly acting, in which the same is situated, may purchase a toll bridge constructed under the provisions of this Chapter.

NOTE.-Stats. 1869-70, p. 888, Sec. 1.

ARTICLE III.

Application for leave to

erect, and notice.

TOLL FERRIES.

SECTION 2892. Application for leave to erect, and notice.
2893. Duty of the Board of Supervisors.

2894. Powers of the Board of Supervisors.
2895. Penalties, how disposed of.

2892. Every applicant for authority to erect and take tolls on a public ferry must publish a notice in at least one newspaper in each county in which the ferry

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