When to direct license to issue. Bond, conditions and execution. When bridge unites two counties. 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. Stats. 1869-70, p. 887, Sec. 1. SEC. 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, rate of tolls, and the amount of the penal bond, and direct a license to be issued by the Clerk. Stats. 1869-70, p. 880, Sec. 1. SEC. 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 non-compliance 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. Stats. 1855, p. 186, Sec. 16. SEC. 2851. The license charge 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 treasury 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 charge taken from the Treasurer of each of the two counties. Stats. 1855, p. 183, Sec. 4. SEC. 2852. When a Supervisor is interested for or against an application for authority to construct or erect and take tolls on a bridge or ferry, the County Judge of the county must take his place upon the Board of Supervisors and act with the other members of the Board in hearing and determining the application; and whenever there is a disagreement between the two Supervisors he must give the casting vote in deciding all questions pertaining thereto. Stats. 1867-8, p. 77, Sec. 1-modified. SEC. 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. Stats. 1855, p. 183, Sec. 7; 1861, p. 307, Sec. 1. SEC. 2854. The owner of land on either side of the waters to be crossed over others, and the owner of the land of 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 any applicant qualified who complies with the law in making application. Stats. 1855, p. 184, Sec. 8. How lands are acquired for use of bridge or ferry. Must post rates of toll. Revenue derived from license, how disposed of. To keep banks in repair. Vested rights not affected. SEC. 2855. When there are lands necessary for the construction, erection, or use of such bridge or ferry which cannot 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 procured as provided in Title VII, Part III of the Code of Civil Procedure. SEC. 2856. Every licensed toll bridge or ferry must have the rates of toll fixed by the Board of Supervisors, printed or written, posted up in some conspicuous place on or near the bridge or ferry. SEC. 2857. The revenue derived from the license of 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. Stats. 1855, p. 187, Sec. 26. SEC. 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 wagons and 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. Stats. 1855, p. 187, Sec. 22. SEC. 2859. The provisions of this Chapter respecting ferries and toll bridges do not affect any grants or charters heretofore made by the State or by authority of law, or any rights already vested. ARTICLE II. TOLL BRIDGES. SECTION 2870. Application for leave to construct. 2871. Hearing application. 2872. Action of the Board of Supervisors. 2873. What the Board of Supervisors may require. SECTION 2875. How constructed over navigable waters. 2876. Supervisors may regulate weight, number, and attend ance. 2877. Channel of streams navigable by rafts to be kept clear. 2878. Completion of bridge, rate of toll, and license tax. 2880. Penalty for avoiding tolls. 2881. County may purchase toll bridge. tion for leave to construct. SEC. 2870. Every applicant for authority to construct Applicaa 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. The application must be verified. Stats. 1869-70, p. 887, Sec. 1. applica SEC. 2871. On the hearing, any person may appear and Hearing be heard. The Board may take testimony or authorize tion. 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. SEC. 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 elected to 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. The Board, after finally acting on the application, must cause it, with all other papers relating to it or to the proceed Action of the Board of Super visors. What the Board of may require. ings, to be filed in such Clerk's office, at the expense of the applicant. SEC. 2873. The Board of Supervisors may, at the time Supervisors 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. Use of highways. How constructed over ' navigable waters. Supervisors may regu late weight, number, and attendance. Channel of streams by rafts to be kept Stats. 1855, p. 184, Sec. 14. SEC. 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 toll houses. SEC. 2875. All bridges constructed under this Chapter crossing navigable streams must be so constructed as not to obstruct navigation, and must have a draw or swing of sufficient space or span to permit the safe, convenient, and expeditious passage at all times of any steamer, vessel, or raft which may navigate the stream or water bridged. Stats. 1869-70, p. 888, Sec. 1. SEC. 2876. The Board of Supervisors may, by order, regulate and govern the amount of weight and number of animals that may be driven on to a toll bridge at any one time, and prescribe rules for the government of the draws or swings and attendance of the same, and prescribe penalties for disobedience of such rules. Stats. 1869-70, p. 888, Sec. 1. SEC. 2877. Any one bridging a stream navigated or navigable navigable must at all times keep the channel above and below the bridge clear from all deposits occasioned by its erection and prejudicial to such navigation, and is liable to pay to all persons unreasonably hindered or clear. |