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Board of Supervisors to fix rate

of tolls, etc.

License, and the tax for.

To keep in good repair.

ing 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.

NOTE.-Stats. 1858, p. 120, Sec. 5.

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 more than fifteen per cent per annum on the fair cash value of the wharf, chute, or pier, including the cost of repair and maintenance thereof; such value to be fixed by the Board of Supervisors when levying the rate 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.

NOTE.-Stats. 1858, p. 121, Sec. 6, modified.

2917. When the wharf, chute, or pier is completed and the tolls or wharfage fixed, the owner is 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 author

ity to construct it, for the use of the General Road Fund of the county, and is liable for all damages occasioned thereby.

NOTE.-Stats. 1858, p. 121, Sec. 5, enlarged.

ions on

authority.

2919. No authority must be granted under this RestrictChapter to interfere with vested rights, nor to inter- granting fere 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. NOTE.-Stats. 1869-70, p. 527, Secs. 5, 7.

towns

rated
and

2920. The lands of the State situate in the City Cities and and County of San Francisco, and those otherwise dis- incorpoposed of or situate within the limits of any incorpo- exempted rated town or city of this State, are excluded from the authorized. 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.

NOTE.-Stats. 1858, p. 129, Sec. 9, modified.

CHAPTER VI.

MISCELLANEOUS PROVISIONS RELATING TO PUBLIC WAYS.

SECTION 2931. Laws of the highway.

2932. Driver addicted to intoxication.

2933. Notice to employer of driver's intoxication.

2934. Horses to be fastened while standing.

2935. Penalties, how and by whom recovered.

2936. Liability of owners for damages done by drivers.
2937. Exceptions to preceding sections.

2938. Protection of bridges.

2931. When vehicles meet the drivers of each must turn seasonably to the right of the center of

Laws of the highway.

69-VOL. I.

Driver addicted to intoxication.

Notice to

employer

intoxica

tion.

the highway, so as to pass without interference, under
a penalty of twenty-five dollars for every neglect, to .
be recovered by the party injured. Where the whole
breadth of a roadway is not worked, the center of the
worked part is to be deemed the center of the high-
way. In time of snow, where there is a beaten track,
the center of that is to be deemed the center of the
highway. But this section does not apply to vehicles
meeting cars running on rails or grooved tracks.

NOTE. This is substantially Sec. 665, N. Y. Pol. Code. See cases in 12 Barb., p. 613; 7 Wend., p. 185; 15 N. Y. Rep., p. 380. This Chapter is to our State new, but its utility and necessity is apparent. It provides a "law of the road" corresponding with general

usage.

2932. No person must employ to drive any vehicle for the conveyance of passengers upon any public highway a person addicted to drunkenness, under penalty of five dollars for every day such person is in his employment.

NOTE.-See Penal Code Cal., Sec. 391.

2933. If any driver, whilst actually employed in

of driver's driving any such vehicle, is intoxicated to such a degree as to endanger the safety of his passengers, the owner, on receiving from any such passenger a written notice of the fact, verified by his oath, must forthwith discharge such driver; and if he has such driver in his service within six months after such notice he incurs a like penalty.

Horses to be fastened while standing.

NOTE.-See Penal Code Cal., Sec. 391.

2934. The driver of any vehicle used to convey passengers must not leave the horses attached thereto while passengers remain in the same without first securely fastening the horses or placing the lines in the hands of some other person, so as to prevent running, under a penalty of twenty dollars for each offense.

their

NOTE.-"Racing" is punished by Sec. 396 of the Penal Code Cal.

how and

recovered.

2935. The penalties provided by the three pre- Penalties, ceding sections are to be recovered by the District by whom Attorney of the county in which the offender resides, for the use of the County Road Fund. Any action for a penalty incurred under the last section must be commenced within six months.

2936. The owner of every vehicle running or traveling upon any road for the conveyance of passengers is liable for all damages to persons or property done by any person in his employment as a driver while driving such vehicle, whether done willfully or negligently, or otherwise, in the same manner as such driver would be liable.

66

NOTE. See Civil Code Cal., Vol. 2, Title Carriage," Sec. 2085, et seq., and notes, and Title "Common Carrier," Sec. 2168, et seq., and notes.

Liability of damages

owners for

done by drivers.

to

sections.

2937. Nothing contained in the six preceding sec- Exceptions tions must affect any law concerning hackney coaches preceding or carriages in any city, nor affect laws or ordinances of any city for the licensing or regulating such coaches or carriages.

NOTE.-It may be well enough to call attention here to Sec. 177, Penal Code Cal., which punishes as a misdemeanor the doing of any act prohibited by law, for which no penalty is fixed by the law. This section of the Penal Code applies to all prohibited acts under any of the provisions of this Code.

of bridges.

2938. The owner of any toll bridge and any plank Protection 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.

NOTE.-Penal Code Cal., Sec. 388.

TITLE VII.

GENERAL POLICE OF THE STATE.

CHAPTER I. Immigration.

II. Preservation of the Public Health.

III. Registry of Births, Marriages, and
Deaths.

IV. Dissection.

V. Cemeteries and Sepulture.

VI. Lost and Unclaimed Property.

VII. Marks and Brands.

VIII. Weights and Measures.

IX. Labor and Materials on Public Buildings.

X. Hours of Labor.

XI. Time.

XII. Money of Account.

XIII. Auctions.

XIV. Fires and Firemen.

XV. Licenses.

CHAPTER I.

IMMIGRATION.

SECTION 2949. Duties of masters of vessels arriving in California. 2950. Form of report.

2951. Oath to be administered to certain passengers.

2952. Bond may be required of owner or consignee of vessel.

2953. Additional bond in certain cases.

2954. Nature of bond.

2955. Commutation.

2956. Action on bond.

2957. Penalty for neglect to give bond.

2958. Commutation Fund, to what applied.

2959. Fines and penalties, lien on vessel.

2960. Other commutations.

2961. Commutation money to be paid into State Treasury.

2962. Certain vessels exempted.

2963. Certain persons exempted.

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