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county, and record the same in the office of the county clerk thereof. When the breadth of the road is not fixed by the commissioners it may be fixed by the commissioner of highways or the board of supervisors of the county.

Enacted March 12, 1872.

Compensation of commissioners, map and report.

§ 2785. The company must pay to each commissioner his expenses and four dollars a day for his services; cause their surveyor to make the map of the proposed road, which, when approved and certified by the commissioners, must be filed with the report in the office of the clerk of the board of supervisors and recorded.

Enacted March 12, 1872.

Branches and extensions.

§ 2786. The directors of any such company may, with the written consent of the holders of two thirds of the stock, proceed in the manner prescribed by the preceding seven sections to construct branches to their road, or to extend it or alter any part of its route or branches.

Enacted March 12, 1872.

Acquiring lands by grant.

§ 2787. Lands, roadways, and rights to the use of land necessary for the purposes of the toll road or its appurtenances may be acquired by gift, purchase, transfer, or consent, or by condemnation as hereinabove provided for. If after any toll road company has actually constructed its road over any land, adverse claim be made to such land, the company may, without making the application to the board of supervisors hereinabove provided for, acquire the right of way for said road over such land by condemnation in the manner provided for in Title VII of the Code of Civil Procedure. Lands within any public highway may be granted by the board of supervisors or town or city authorities on such terms and for such sums as may be agreed upon.

Amended March 18, 1907; stats. 1907, p. 580.

NOTE.- 2787. Sections 2787 and 2789 have been entirely recast, revising and broadening the toll road law to conform to the growing and unforseen needs, complications, and improvements in the toll road business.

Appropriation of damages for highways taken.

§ 2788. When the road company desires the exclusive use of lands forming part of a highway, and such use is granted by the

supervisors, the damages received therefor are to be paid to the road fund of the road district in which the same is situated.

Enacted March 12, 1872.

Application, when unnecessary.

§ 2789. When the company has obtained all necessary lands, roadways, and rights of way in any county by gift, purchase, transfer, consent or agreement, the road may be constructed or completed without making the application to the board of supervisors hereinbefore provided for; but before the supervisors fix the tolls to be taken on such road, an accurate survey or plat of the road must be made by a practical surveyor, signed and sworn to by the president and secretary, and filed for record in the county clerk's office of cach county through which the road

passes.

Amended March 18, 1907; stats. 1907, p. 580.

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Orchards and gardens.

$ 2790. No such road must be laid out through any orchard of four years' growth, to the injury of the fruit trees, or any garden of four years' cultivation, or any dwelling house or building connected with a dwelling house, or any yard or inclosure necessary thereto, without the consent of the owner. Enacted March 12, 1872.

Bridging streams.

$ 2791. The road company may bridge any stream or river on the route of their road, when not within the limits prescribed by law for the erection and maintenance of any other bridge; and in bridging streams used for rafting lumber the bridge must be so constructed as not to prevent or endanger the passage of any raft forty feet in width.

Enacted March 12, 1872.

One road corporation using the roadbed of another.

§ 2792. No plank road company must construct its road on the road of another company, except in case of crossings, without consent of the latter.

Enacted March 12, 1872.

How to be constructed.

§ 2793. Every such road must be laid out at least fifty wide. The track of plank roads must be constructed

feet wide, of timber, plank, or other hard material. The track of turnpikes must be bedded with stone, gravel, or such other hard material found on the line thereof, to the width of eighteen feet, and faced with broken stone or gravel. The common wagon road must be graded at least twelve feet in width, and so constructed with necessary turnouts as to permit vehicles to pass each other conveniently. All the roads must be ditched on the sides when practicable, and have proper and necessary sewerage, and be so constructed that vehicles may pass on and off the track at all intersections of roads.

Enacted March 12, 1872.

May relay with what.

§ 2794. Every company that has once laid their road with plank may relay it or any part of it with broken stone, gravel, shells, or other hard material whereby they keep a good, substantial road.

Enacted March 12, 1872.

Milestones and posts.

§ 2795. A milestone or post must be maintained at every mile, with an inscription showing the distance from the commencement of the road. If the road commences at the end of any other road, or intersects therewith, having milestones or posts on which the distance from any city or town is marked, a continuation of that distance must also be inscribed.

Enacted March 12, 1872.

Guide-posts.

$ 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. Enacted March 12, 1872.

Inspection, certificate, and completion.

§ 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 dollars 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.

Enacted March 12, 1872.

Erection of gates, etc.

§ 2798. When the certificate of completion is filed, tollgates may be erected and tolls collected. No tollgate, tollhouse, 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.

Enacted March 12, 1872.

Abandonment of road, and what becomes of it.

§ 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.

Enacted March 12, 1872.

99 Cal. 213; 122 Cal. 338.

Expiration of franchises: See Pol. C. § 2619.

County may purchase road, how.

§ 2800. At any time within five years from filing the certificate of completion of any road constructed under the provisions 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 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 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.

Amended March 27, 1895; stats. 1895, p. 196.

80 Cal. 341; 99 Cal. 213; 122 Cal. 338.

Appraisement and award, how made.

§ 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.

Enacted March 12, 1872.

Provisions apply to all toll roads.

$ 2802. The provisions of this article apply to all toll roads, whether owned by companies, corporations, or natural persons, and include toll roads constructed or to be constructed and operated for the use of light vehicles for the carriage of persons, or for the use of automobiles and other horseless vehicles. Amended March 22, 1909; stats. 1909, p. 669; in effect in sixty days.

NOTE. § 2802. Extends the provisions of the article on toll roads for automobiles and other horseless vehicles.

See, also, Civ. C. § 524, and Pol. C. § 4047.

ARTICLE II.

Use of Toll Roads, and Obstructions Thereon.

(Wagon road corporations: See Civ. C. § 512 et seq.)

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§ 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;

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