The Political Code of the State of California

is or touches, or if there is no newspaper published therein, then in one published in an adjoining county, and by posting three notices in three public places in the township for four successive weeks, specifying the location and the time and place when and where the application will be made. After notice is given application must be made in writing, under oath, to the Board of Supervisors of the proper county, the landings of the proposed ferry must be described, and the names of the owners thereof given, if known; and if the applicant is not the owner of the land, that notice of the application has been served on the owner thereof at least ten days prior to the application.

NOTE.-Stats. 1855, p. 183, Secs. 2, 8, 12. This notice is a jurisdictional fact.

2893. At the hearing, proof of giving the notice, as required by the preceding section, must be made, and any person may appear and contest the application. If the Board finds that the ferry is either a public necessity or convenience, and that the applicant is a suitable person, and by reason of ownership of the landing or failure of the owner thereof to apply is entitled thereto, authority to erect and take tolls on the ferry may be granted to him for the term of twenty

years.

NOTE.-Stats. 1855, p. 183; 1869–70, p. 70, Sec. 1.

Duty of the
Supervisors

Board of

the Board

2894. The Board of Supervisors may make all Powers of needful rules and regulations for the government of of ferries and ferry keepers, prescribing:

1. How many boats must be kept, their character, and how propelled;

2. The number of hands, boatmen, or ferrymen to

be employed, and rules for their government;

3. How many trips to be made daily;

4. When and under what circumstances to make trips in the night-time;

5. Who may be ferried free of toll;

Supervisors

Penalties, how

6. In what cases of danger or peril not to cross; 7. Penalties for violation of regulations;

8. In case of steamboats, the rate of speed;

9. The method of and preference in loading and crossing; and,

10. How and by whom action must be brought to recover penalties.

NOTE.-Stats. 1855, p. 185, Sec. 13; 1869-70, p. 888,

Sec. 1.

2895. Penalties recovered under this Article must

disposed of be paid to the County Treasury for the use of the General Road Fund of the county.

Board of
Supervisors

authorize

construction.

CHAPTER V.

WHARVES, CHUTES, AND PIERS.

SECTION 2906. Board of Supervisors to authorize construction.
2907. Application, what to contain and how made.
2908. What petition to contain, relative to lands not owned
by applicant.

2909. Notice to be served on representatives of certain per

sons.

2910. Board to hear proof, and may grant authority.

2911. Overflowed or tide lands granted.

2912. One hundred and fifty feet on each side of wharf, etc.

2913. How to obtain use of lands.

2914. Seventy-five feet in width.

2915. Franchise, what to constitute.

2916. Board of Supervisors to fix rate of tolls, etc.

2917. License, and the tax for.

2918. To keep in good repair.

2919. Restrictions on granting authority.

2920. Cities and towns incorporated exempted and author

ized.

2906. The Boards of Supervisors of every county in this State may grant authority to any person or corporation to construct a wharf, chute, or pier, on any lands bordering on any navigable bay, lake, inlet, creek, slough, or arm of the sea, situate in or bound

ing their counties respectively, with a license to take tolls for the use of the same for the term of twenty years.

NOTE.-Stats. 1858, p. 129, Sec. 1; 1869-70, p. 526, Sec. 1. The decisions of the Supreme Court of this State on the subject necessarily embraced in this Chapter are here aggregated for the purpose of being consulted. Liability of wharf companies for repairs and damages. See Finn vs. Vallejo St. Wharf Co., S. F., 7 Cal., p. 253. In the case of People vs. Davidson, 30 Cal., p. 379, it was held that a wharf constructed in tide waters on lands of the State did not necessarily injure the commerce. See, also, private wharf.-Dana vs. Jackson St. Wharf Co., S. F., 31 Cal., p. 118. Collection of tolls is simply a franchise.-De Witt vs. Hays, 2 Cal., p. 463; Sacramento vs. New World, 4 Cal., p. 41; Sacramento vs. Confidence, id., p. 45; Gunter vs. Geary, 1 Cal., p. 462.

2907. Application therefor must be made by publishing notice as required in Section 2892, and filing a petition in writing, containing:

1. The name and residence of the applicant; and if a corporation, a certified copy of the articles of incorporation;

2. A map of the waters, and the name and location thereof, and of the adjoining lands;

3. A plan of the wharf, chute, or pier proposed to be constructed, and of the land within three hundred feet thereof;

4. The names of the owners of the lands, and the quantity thereof sought to be used, and whether the right to use the same is or is to be acquired by the applicant;

5. The distance it is proposed to extend the wharf, chute, or pier into the waters;

6. The estimated cost of the construction of the wharf, chute, or pier; and,

7. The time when the application will be made.

NOTE.-Stats. 1858, p. 120, Sec. 2.

2908. When any lands are sought to be appropri

Applicato contain

tion, what

and how made.

What petition to contain, relative to lands not

owned by applicant.

Notice to be served

on representatives of certain persons.

Board to

hear proof, and may grant

ated and used for a wharf, chute, or pier, of which the applicant is not the owner, or the right of way and use thereof has not been obtained by agreement, these facts and the particular description of such land must be set forth in the petition of the applicant, and a copy of the notice of application must be served on the owner thereof by the Sheriff of the county, whose official return is conclusive evidence of service, at least ten days prior to the appointed day set for the hearing of the same.

2909.

NOTE.-Stats. 1858, p. 121, Sec. 4; 1869-70, p. 527, Sec. 4.

When the owner of the land is a non-resident of the county it is service of notice for the Sheriff to leave a copy with the occupant or agent of the owner; if none, then to place a copy in the Post Office addressed to the owner thirty days prior to the day set for the hearing. If the owner is a minor, insane, idiot, or decedent, notice must be served on the guardian, administrator, or other legal representative of such person.