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2. Troops in actual service of the state or of the United States, and persons going to or from a military training which by law they are required to attend;

3. Persons going to or from the courthouse in obedience to a subpoena in a criminal action;

4. Persons living within one mile of any gate by the most usually traveled road may pass it at one half toll, when not engaged in the transportation of other 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 parents' or boarding house;

7. The road overseer of the road district through which road passes, or the commissioners of highways, for the purpose of inspecting the condition of the road.

Amended March 12, 1880; stats. 1880, p. 4.

Evasion of tolls, penalty: See Civ. C. § 519, Pen. C. § 389. Penalty for taking unlawful tolls: See Civ. C. § 514; see, also, Civ. C. § 515.

Encroachments, how removed.

§ 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 eight, chapter two, of this title.

Enacted March 12, 1872.

Who liable for penalty, and what.

§ 2816. Every person who, having the control thereof, neglects to remove an encroachment after being 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.

Enacted March 12, 1872.

Action for penalty or trespass.

§ 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.

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2829.

2830.

Defects in roads to be reported to whom.

Enforcing obedience to notice and requirement.

2831. Fees of commissioner or overseer.

2832.

Pack-trails in mountain districts.

Inspection of roads, and repairs.

§ 2827. Every commissioner of highways or road 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.

Enacted March 12, 1872.

Closing gates, and penalty.

§ 2828. A gate so ordered to be thrown open must 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 employee, 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.

Enacted March 12, 1872.

Defects in road to be reported to whom.

§ 2829. Every commissioner of highways or road 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.

Enacted March 12, 1872.

Enforcing obedience to notice and requirement.

§ 2830. If the notice and requirements are not obeyed, the commissioner of highways or road 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.

Enacted March 12, 1872.

Fees of commissioner or overseer.

§ 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 road overseer, the toll gatherer nearest the road so out of repair, or the gate to be moved, must pay the fees hereinbefore specified out of the tolls collected; if he refuse to pay the same, the same may be recovered by action, with costs. Enacted March 12, 1872.

Pack-trails in mountain districts.

§ 2832. The boards of supervisors of the several counties of this state are hereby authorized to permit the toll road companies heretofore or which may hereafter be organized under the provisions of this code, for the purpose of constructing toll roads within the mountain districts of this state, to first construct on the line of their proposed toll road a pack trail for the

accommodation of pack trains and horsemen, and to collect tolls thereon; the board of supervisors shall fix the amount of license to be paid and tolls to be collected on such pack trail, and that no such permit or franchise shall be granted for a longer period than two years.

Amended March 30, 1874; amendts. 1873-4, p. 131.

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(Bridge and ferry corporations: See Civ. C. §§ 588 to 631; see, also, Pol. C. §§ 3378, 4041; also "Bridges," statutes at large, Appendix.)

SEC. 2843. What board to grant authority to construct. 2844. Notice must be proved.

2845.
2846.

Duty of board of supervisors granting authority.
License tax and rate of tolls, how fixed.
2847. Report of bridge or ferry owner or keeper.
2848. Inquiry of board of supervisors fixing tolls.

2849. When to direct license to issue.

2850. Bond, conditions and execution.

2851. When bridge unites two counties.

2852.

2853.
2854.

2855.

2856.

2857.

Supervisors shall not act if interested.

Toll bridge or ferry within one 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.

Revenue derived from license, how disposed of.

2858. To keep banks in repair.

What board to grant authority to construct.

§ 2843. When authority to construct a toll bridge or to erect and keep a ferry over waters dividing two counties is desired, application must be made to the board of supervisors of that

county situated on the left bank descending such bay, river, creek, slough, or arm of the sea.

Enacted March 12, 1872.

132 Cal. 169; 134 Cal. 622; 136 Cal. 49.

Maintaining toll bridge or ferry without authority: See Pen C. § 386.

Notice must be proved.

§ 2844. The board of supervisors must not grant authority to construct or erect a toll bridge or ferry until the notice of such intended application has been given as respectively required in articles two and three of this chapter.

Enacted March 12, 1872.

Duty of board of supervisors granting authority.

§ 2845. The board of supervisors granting authority to construct a toll bridge or to keep a public ferry must at the same time:

1. Fix the amount of a penal bond to be given by the person or corporation owning or taking tolls on the bridge or ferry for the benefit of the county, and all persons crossing or desiring to cross the same, and provide for the annual renewal thereof;

2. Fix the amount of license tax to be paid by the person or corporation for taking tolls thereon, not less than three nor over one hundred dollars per month, payable annually;

3. Fix the rate of tolls which may be collected for crossing the bridge or ferry, which must not raise annually an income exceeding fifteen per cent on the actual cost of the construction or erection and maintenance of the bridge or ferry for the first year, nor on the fair cash value, together with the repairs and maintenance thereof for any succeeding year;

4. Make all necessary orders relative to the construction, erection, and business of licensed toll bridges or ferries which they have by law the power to make. The board of supervisors may, at any time they see fit, authorize and maintain fords across any water within any distance of any licensed toll bridge or ferry.

Enacted March 12, 1872.

License tax and rate of tolls, how fixed.

§ 2846. The license tax and rate of toll fixed as provided in the preceding section must not be increased or diminished during the term of twenty years, at any time, unless it is shown

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