delayed in passing such bridge with rafts or vessels all damages sustained thereby.

Stats. 1869-70, p. 888, Sec. 1.

SEC. 2878. Every bridge erected under these provisions must have good and substantial railings or sidings, at least four and a half feet high. When a bridge is completed, and a certificate that it is so and is safe and convenient for the public use is signed by the Commissioner of Highways or President of the Board of Supervisors, and filed in the County Clerk's office in the county or counties in which it is located, the Directors or owner may erect a toll gate at such bridge and require such tolls as the Boards of Supervisors of the county or counties from time to time prescribe. A license therefor must be issued by the Auditor of the county on giving the necessary bond and paying the license charge fixed therefor.

Stats. 1855, p. 183, Sec. 5.

exempt.

SEC. 2879. Any person going to or from public Persons worship, a funeral, school, an election at which he is. entitled to vote, performing highway labor, or attending a military parade, or Court, which by law he is required. to attend as a juror or witness, is exempt from the payment of tolls.

avoiding

SEC. 2880. Any person liable to pay toll, forcibly or Penalty for fraudulently passing the gate of a toll bridge without tolls. paying the toll is liable to a penalty of twenty-five dollars in addition to the damages caused, to be recovered by the corporation.

Stats. 1869-70, p. 888, Sec. 1.

SEC. 2881. Within the same time, in like manner, and to the same effect as toll roads are purchased under the provisions of sections two thousand eight hundred and two and two thousand eight hundred and three, the county or counties, jointly acting, in which the same is situated, may purchase a toll bridge constructed under the provisions of this Chapter.

Stats. 1369-70, p. 888, Sec. 1.

ARTICLE III.

TOLL FERRIES.

SECTION 2892. Application for leave to erect, and notice.
2893. Duty of the Board of Supervisors.

2894. Powers of the Board of Supervisors.
2895. Penalties, how disposed of.

2896. Reference to other provisions.

SEC. 2892. Every applicant for authority to erect and take tolls on a public ferry must publish a notice in at least one newspaper in each county in which the ferry is or touches, or if there is no newspaper published therein, then in one published in an adjoining county, and by posting three notices in three public places in the township for four successive weeks, specifying the location and the time and place when and where the application will be made. After notice is given, application must be made in writing, under oath, to the Board of Supervisors of the proper county, the landings of the proposed ferry must be described, and the names of the owners thereof given, if known; and if the applicant is not the owner of the land, that notice of the application has been served on the owner thereof at least ten days prior to the application.

Stats. 1855, p. 183, Secs. 2, 8, 12.

SEC. 2893. At the hearing, proof of giving the notice, as required by the preceding section, must be made; and any person may appear and contest the application. If the Board finds that the ferry is either a public necessity. or convenience, and that the applicant is a suitable person, and by reason of ownership of the landing or failure of the owner thereof to apply is entitled thereto, authority to erect and take tolls on the ferry may be granted to him for the term of twenty years.

Stats. 1855, p. 183; 1869–70, p. 70, Sec. 1.

SEC. 2894. The Board of Supervisors may make all needful rules and regulations for the government of ferries and ferry keepers, prescribing:

1. How many boats must be kept, their character, and Same.

how propelled;

2. The number of hands, boatmen, or ferrymen to be

employed, and rules for their government;

3. How many trips to be made daily;

4. When and under what circumstances to make trips

in the nighttime;

5. Who may be ferried free of toll;

6. In what cases of danger or peril not to cross;

7. Penalties for violation of regulations;

8. In case of steamboats, the rate of speed;

9. The method of and preference in loading and crossing; and,

10. How and by whom action must be brought to recover penalties.

Stats. 1855, p. 185, Sec. 13; 1869-70, p. 888, Sec. 1.

how

SEC. 2895. Penalties recovered under this Article must Penalties, be paid to the County Treasury for the use of the General disposed of. Road Fund of the county.

to other

SEC. 2896. Other provisions applicable to the conduct Reference of ferries are contained in Title V, Part IV, Division I of provisions. the Civil Code, and in Articles I and II, Chapter I of this Title.

CHAPTER VI.

WHARVES, CHUTES, AND PIERS.

SECTION 2906. Board of Supervisors to authorize construction.
2907. Application, what to contain and how made.

2908. What petition to contain, relative to lands not owned
by applicant.

2909. Notice to be served on representatives of certain per

sons.

2910. Board to hear proof, and may grant authority.

2911. Overflowed or tide lands granted.

2912. One hundred and fifty feet on each side of wharf, etc.

2913. How to obtain use of lands.

2914. Seventy-five feet in width.

2915. Franchise, what to constitute.

2916. Board of Supervisors to fix rate of tolls, etc.

Board of Supervisors to authorize construction.

Applica

tion, what

and how

SECTION 2917. License, and the tax for.

2918. To keep in good repair.

2919. Restrictions on granting authority.

2920. Cities and towns incorporated exempted and authorized.

SEC. 2906. The Boards of Supervisors of every county in this State may grant authority to any person or corporation to construct a wharf, chute, or pier on any lands bordering on any navigable bay, lake, inlet, creek, slough, or arm of the sea, situate in or bounding their counties respectively, with a license to take tolls for the use of the same for the term of twenty years.

Stats. 1858, p. 129, Sec. 1; 1869–70, p, 526, Sec. 1.

SEC. 2907. Application therefor must be made by pubto contain, lishing notice as required in section two thousand eight hundred and ninety-two, and filing a verified petition in writing, containing:

made.

What

petition to contain, relative to lands not

owned by applicant.

1. The name and residence of the applicant; and if a corporation, a certified copy of the articles of incorporation;

2. A map of the waters, and the name and location thereof and of the adjoining lands;

3. A plan of the wharf, chute, or pier proposed to be constructed, and of the land within three hundred feet thereof;

4. The names of the owners of the lands, and the quantity thereof sought to be used, and whether the right to use the same is or is to be acquired by the applicant;

5. The distance it is proposed to extend the wharf, chute, or pier into the waters;

6. The estimated cost of the construction of the wharf, chute, or pier; and,

7. The time when the application will be made.

SEC. 2908.

Stats. 1858, p. 120, Sec. 2.

When any lands are sought to be appropriated and used for a wharf, chute, or pier, of which the applicant is not the owner, or the right of way and use thereof has not been obtained by agreement, these facts and the particular description of such land must be set

forth in the petition of the applicant, and a copy of the notice of application must be served on the owner thereof by the Sheriff of the county, whose official return is conclusive evidence of service, at least ten days prior to the appointed day set for the hearing of the same.

Stats. 1858, p. 121, Sec. 4; 1869-70, p. 527, Sec. 4.

SEC. 2909. resident of the county it is service of notice for the Sheriff to leave a copy with the occupant; if none, then to place a copy in the Post Office addressed to the owner ten days prior to the day set for the hearing. If the owner is a minor, insane, idiot, or decedent, notice must be served on the guardian, administrator, or other legal representative of such person.

When the owner of the land is a non

Stats. 1869-70, p. 527, Sec. 4.

SEC. 2910. On the day named in the notice, or to which the hearing is adjourned, the Board of Supervisors must hear proof of publication and service of notice; if satisfactory, the Board must hear the allegations of the petition and any objections to the granting of the application, and proofs in support of each. If from the proofs it appear that the public good or convenience, will be promoted thereby, the Board of Supervisors may grant to the applicant the right to erect or construct a wharf, chute, or pier as prayed for, and to take tolls for the use of the same for the term of twenty years.

Stats. 1869-70, p. 527, Sec. 4.

or tide

granted.

SEC. 2911. The grant of authority made by the Board Overflowed of Supervisors as provided in the preceding section con- lands veys to the grantee or applicant the right of way and all necessary use for the purposes of the wharf, chute, or pier of any of the overflowed, submerged, or tide lands belonging to the State, particularly describing the quantity thereof in the order, as also the right of way over any swamp, overflowed, marsh, or tide lands lying between the wharf, chute, or pier and high or dry land, fifty feet in width, for twenty years.

Stats. 1869-70, p. 527, Sec. 4.