Page images
PDF
EPUB

or in that where the defendant resides, by the company or corporation.

ARTICLE III.

INSPECTION AND REPAIRS.

SECTION 2827. Inspection of roads, by whom, and how repairs to be made.

2828. Closing gates, and penalty.

2829. Defects in road, to be reported to whom.

2830. Enforcing obedience to notice and requirement.

2831. Fees of Commissioner or Overseer, what, and how

paid.

SEC. 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.

Inspection whom, and how repairs to be made.

of roads, by

gates, and

SEC. 2828. A gate so ordered to be thrown open must Closing not be shut nor any toll collected thereat until the Com- penalty. missioner 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 or corporation, and their gatekeeper or other employé, 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 offence, to be recovered by the party aggrieved.

SEC. 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

Defects in reported

road, to be

to whom.

Enforcing obedience

to notice

and re

of the Directors or managing agents of the company or corporation, 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.

SEC. 2830. If the notice and requirements are not obeyed, the Commissioner of Highways or Road Overquirement. seer must make immediate complaint to the District Attorney of the county, who must prosecute the company or corporation 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 or corporation must be fined not exceeding three hundred dollars.

Fees of Commissioner or Overseer, what, and how paid.

SEC. 2831. The Commissioner of Highways or Road Overseer complaining to the District Attorney, or who makes inspection and discovers defects in the road, are 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 herein before specified out of the tolls collected; if he refuse to pay the same, the same may be recovered by action, with costs.

CHAPTER V.

PUBLIC FERRIES AND TOLL BRIDGES.

ARTICLE I. GENERAL PROVISIONS.

II. TOLL BRIDGES.

III. TOLL FERRIES.

ARTICLE I.

GENERAL PROVISIONS.

SECTION 2842. Supervisors empowered to authorize the erection of toll bridges and ferries.

2843. What Board to grant authority to construct.

2844. Notice must be proved.

2845. Duty of the Board of Supervisors granting authority.

2846. License tax and rate of tolls, how fixed.

2847. Report of bridge or ferry owner or keeper.

2848. Inquiry of the Board of Supervisors fixing tolls.

2849. When to direct license to issue.

2850. Bond, conditions and execution.

2851. When bridge unites two counties.

2852. When the Board is divided County Judge to act.

2853. Toll bridge or ferry within one mile of another, when.

2854. Owner of land preferred to build bridge or ferry.

2855. How lands are acquired for use of bridge or ferry.

2856. Must post rates of toll.

2857. Revenue derived from license, how disposed of.
2858. To keep banks in repair.

2859. Vested rights not affected.

empowered

ize the

erection of tell bridges and ferries.

SEC. 2842. Authority to erect toll bridges and ferries Supervisors across bays, rivers, sloughs, or arms of the sea bounding to authoror within their respective counties, when deemed necessary for public convenience, may be granted by the Board of Supervisors to individuals or corporations, with such powers and subject to such restrictions, requirements, and prohibitions as provided in Division I, Part IV, Title VI of the Civil Code, and in accordance with the provisions of this Chapter.

Stats. 1853, p. 183, Sec. 2; 1862, p. 247, Sec. 1; 1863,

p. 720, Sec. 1; 1869-70, p. 887, Sec. 1.

SEC. 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.

Stats. 1855, p. 183, Sec. 4.

What

Board to

grant

authority

to construct

Notice must be proved.

Duty of the

Board of

SEC. 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 is proved to have been given as respectively required in Articles II and III of this Chapter.

Stats. 1855, p. 184, Sec. 12.

SEC. 2845. The Board of Supervisors granting authority Supervisors to construct a toll bridge or to keep a public ferry, must authority. at the same time:

granting

License tax and rate of tolls, how fixed.

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 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.

Stats. 1869-70, p. 887, Sec. 1.

SEC. 2846. The license 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 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 rate of tolls must not at

any time be so fixed as to raise an income exceeding
fifteen per cent per annum on the cost of construction or
erection of the bridge or ferry for the first year, nor on
the fair cash value with the cost of all needed repairs
and maintenance thereof for any succeeding year, nor
must the license tax exceed ten per cent of the tolls
collected.

Stats. 1855, p. 186, Sec. 19; 1863, p. 758, Sec. 1; 1869–
70, p. 887, Sec. 1.

SEC. 2847. Every owner or keeper of a toll bridge or ferry must report annually to the Board of Supervisors from which their authority and 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.

Stats. 1869-70, p. 887, Sec. 1.

SEC. 2848. Whenever the Board of Supervisors are about to fix the rate of taxes and tolls on any 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

[blocks in formation]
« PreviousContinue »