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to the satisfaction of the board of supervisors that the receipts from tolls in any one year is disproportionate to the cost of construction or erection, or the fair cash value thereof, together with the cost of all necessary repairs and maintenance of the bridge or ferry. The license tax fixed by the board of supervisors must not exceed ten per cent of the tolls annually collected. Enacted March 12, 1872.

Collection of delinquent tax: See act of March 21, 1872, title "Licenses," statutes at large, Appendix.

Report of bridge or ferry owner or keeper.

§ 2847. Every owner or keeper of a toll bridge or ferry must report annually to the board of supervisors from which his license is obtained, under oath, the following facts:

1. The actual cost of the construction or erection and equipment of the toll bridge or ferry;

2. The repairs made during the preceding year, and the actual cost thereof;

3. The expense of labor and hire of agents, and other costs necessarily incurred in and about the conduct of their business; 4. The amount of tolls collected; and,

5. The estimated actual cash value of the bridge or ferry, exclusive of the franchise.

Enacted March 12, 1872.

Inquiry of board of supervisors fixing tolls.

§ 2848. Whenever the board of supervisors are about to fix the license tax and rate of tolls on a bridge or ferry, they must make inquiry into the present actual cash value and the cost of all necessary repairs and maintenance thereof, and for that purpose may examine, under oath, the owner or keeper of the same, and other witnesses, and the assessed value of the bridge or ferry on the assessment roll of the county. When the estimate of the board is made, if the same is not agreed to by the owner or keeper of the bridge or ferry, the same must be fixed by three commissioners, one to be appointed by the board of supervisors, one by the owner and keeper, and the third by the county judge, who must hear testimony and fix such value and cost according to the facts, and report the same to the board of. supervisors, under oath. In all estimates of the fair cash value of the bridge or ferry, the value of the franchise must not be taken into consideration.

Enacted March 12, 1872.

When to direct license to issue.

§ 2849. When the cost of construction or erection and equipment of the bridge or ferry, or the fair cash value thereof, together with the cost of needed repairs and the conduct and maintenance of the same, is ascertained and fixed for the preceding year, the board must on such ascertained amount fix the annual license tax, rate of tolls, and the amount of the penal bond, and direct a license to be issued by the clerk.

Enacted March 12, 1872.

Bond, conditions and execution.

§ 2850. The bond required of the owner or keeper of the toll bridge or ferry must be in the sum fixed by the board of supervisors, with one or more sureties, and conditioned that the toll bridge or ferry will be kept in good repair and condition, and that the keeper will faithfully comply with the laws of the state and all legal orders of the board of supervisors regulating the same, and pay all damages recovered against him by any person injured or damaged by reason of delay at or defect in such bridge or ferry, or in any manner resulting from a noncompliance with the laws or lawful orders regulating the same. The bond must be approved by the president and filed with the clerk of the board of supervisors.

Enacted March 12, 1872.

Violation of conditions of keeping ferry: See Pen. C. § 387. When bridge unites two counties.

§ 2851. The license tax for a ferry or bridge connecting two counties must be paid to the treasurer of the county granting it, and the license issued by the auditor thereof; but the treasurer of such county must pay to the treasurer of the county in which the other end or landing of the bridge or ferry is located one half the sum so received annually, or the auditor may issue the license on filing with him receipts for their respective halves of the tax taken from the treasurer of each of the two counties.

Enacted March 12, 1872.

Supervisors shall not act if interested.

§ 2852. When a supervisor is interested in an application to erect, construct, or take tolls, or alter tolls on a bridge or ferry, he shall not act in any of such matters.

Amended April 3, 1880; amendts. 1880, p. 23.

See, also, Pol. C. § 4323, for proceedings when majority of board is interested.

Toll bridge or ferry within one mile of another, when.

§ 2853. No toll bridge or ferry must be established within one mile immediately above or below a regularly established ferry or toll bridge, unless the situation 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.

Enacted March 12, 1872.

114 Cal. 496; 134 Cal. 58.

Owner of land preferred to build bridge or ferry.

§ 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. Enacted March 12, 1872.

How lands are acquired for use of bridge or ferry.

§ 2855. When there are lands necessary for the construction, erection, or use of such bridge or ferry which can not 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.

Enacted March 12, 1872.

Must post rates of toll.

§ 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.

Enacted March 12, 1872.

Revenue derived from license, how disposed of.

§ 2857. The proceeds of the license tax on ferries and toll bridges must be paid into the county treasury for the use of

roads and highways, or may be used by the board of supervisors at any time in the purchase of toll roads and toll bridges.

Enacted March 12, 1872.

To keep banks in repair.

§ 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. For every day compliance herewith is neglected twenty-five dollars is forfeited, to be collected for the use of the road fund of the county.

Enacted March 12, 1872.

ARTICLE II.

Toll Bridges.

(See, also, Pol. C. §§ 3378 and 4041, and statutes at large, Appendix, heading "Bridges.")

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2877.

2878.

Channel of streams navigable by rafts to be kept clear.
Completion of bridge, rate of toll, and license tax.

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Application for leave to construct.

§ 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 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.

Enacted March 12, 1872.

Hearing application.

§ 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.

Enacted March 12, 1872.

Articles of incorporation: See Civ. C. § 289 et seq.

Action of board of supervisors.

§ 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. The 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; provided, that the board of supervisors shall not have power to license bridges across the Sacramento or San Joaquin rivers, the Suisun Bay, or Carquinez Straits, the Petaluma, Napa, or Sonoma creeks, except at points above the head of navigation on said streams.

Amended March 14, 1878; amendts. 1877-8, p. 52.

123 Cal. 180.

Maintaining bridge without authority: See Pen. C. § 386. What board of supervisors may require.

§ 2873. The board of supervisors may, at the time 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.

Enacted March 12, 1872.

Use of highways.

§ 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 tollhouses. Enacted March 12, 1872.

123 Cal. 181.

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