One hundred and fifty feet on each side of wharf, etc. How to obtain use of lands. Seventy five feet in width. Franchise, what to SEC. 2912. The grant of authority herein provided for carries with it the right to have unincumbered and unobstructed the land and water on each side of the wharf, chute, or pier, from highwater mark to navigable water, a distance of one hundred and fifty feet, for the convenience of landing, loading, and unloading vessels, but for no other purpose. Stats. 1869-70, p. 527, Sec. 4. SEC. 2913. Authority to construct a wharf, chute, or pier being granted, the grantee or applicant may procure from the owner the right of way and other necessary incidental use for the wharf, chute, or pier of any of his lands, by proceedings had under Title VII, Part III of the Code of Civil Procedure. Until such use of the lands held adversely is obtained by agreement or by the proceedings herein before mentioned, there is no authority to construct a wharf, chute, or pier, or to take tolls thereon. SEC. 2914. The wharf, chute, or pier must not be of a greater width than seventy-five feet, and may extend to navigable water, but not so far as in any wise to impede or obstruct the free navigation of the water on which the same is situated. Stats. 1869-70, p. 527, Sec. 4. SEC. 2915. The orders granting authority, and agreeconstitute. ments, contracts, deeds, and decrees of Courts granting the right of way and other use of lands, must be filed and recorded in the office of the Recorder of the county where the wharf, chute, or pier is situate, and constitutes the franchise of the applicant. The fees of the Recorder, as also the fees of the Clerk, Sheriff, and other officers for services rendered, must be paid by the applicant. Board of Supervisors to fix rate of tolls, etc. Stats. 1858, p. 120, Sec. 5. SEC. 2916. The Board of Supervisors must fix the rate of tolls or wharfage for the use of the wharf, chute, or pier annually, which must not produce an income of more than fifteen per cent per annum on the fair cash value of the wharf, chute, or pier, including the cost of repair and maintenance thereof; such value to be fixed by the Board of Supervisors when levying the rate of tolls or wharfage, by hearing evidence and examining the assessment rolls of the county. When fixed, the rates must be furnished the owner, and a printed or written copy thereof conspicuously posted on the wharf, chute, or pier. Stats. 1858, p. 121, Sec. 6-modified. SEC. 2917. When the wharf, chute, or pier is completed and the tolls or wharfage fixed, the owner is entitled to a license to take the tolls thereon for the term of one year, to be issued by the County Auditor on the payment of such license charge as the Board of Supervisors may fix, which, except that for the first year, must not be more than ten per cent of the gross receipts for tolls or wharfage for the previous year, to be paid to the County Treasury for general road purposes. SEC. 2918. Any owner or keeper of a wharf, chute, or pier who takes toll or wharfage for the use of the same when not in good repair or is unsafe or dangerous, forfeits the sum of twenty-five, dollars, to be recovered by order of the Board of Supervisors granting authority to construct it, for the use of the General Road Fund of the county, and is liable for all damages occasioned thereby. Stats. 1858, p. 121, Sec. 5—enlarged. tions on granting authority. SEC. 2919. No authority must be granted under this RestricChapter to interfere with vested rights, nor to interfere with or infringe grants heretofore made by State authority; nor does authority to construct a wharf, chute, or pier continue for a longer period than two years, unless the same is within that time completed. Stats. 1869-70, p. 527, Secs. 5, 7. SEC. 2920. The lands of the State situate in the City and County of San Francisco, and those otherwise disposed of or situate within the limits of any incorporated town or city of this State, are excluded from the provisions of this Chapter. The municipal authorities of any incorporated city or town other than San Francisco may grant authority to construct wharves, chutes, and piers, as is herein provided for the Board of Supervisors. Stats. 1858, p. 129, Sec. 9-modified. Laws of the highway. Driver addicted to intoxication. Notice to employer of toxication. CHAPTER VII. MISCELLANEOUS PROVISIONS RELATING TO PUBLIC WAYS. SECTION 2931. Laws of the highway. 2932. Driver addicted to intoxication. 2933. Notice to employer of driver's intoxication. 2934. Horses to be fastened while standing. 2935. Penalties, how and by whom recovered. 2936. Liability of owners for damages done by drivers. 2937. Exceptions to preceding sections. 2938. Protection of bridges. SEC. 2931. When vehicles meet, the drivers of each must turn seasonably to the right of the centre of the highway, so as to pass without interference, under a penalty of twenty-five dollars for every neglect, to be recovered by the party injured. Where the whole breadth of a roadway is not worked, the centre of the worked part is to be deemed the centre of the highway. In time of snow, where there is a beaten track, the centre of that is to be deemed the centre of the highway. But this section does not apply to vehicles meeting cars running on rails or grooved tracks. SEC. 2932. No person must employ to drive any vehicle for the conveyance of passengers upon any public highway a person addicted to drunkenness, under penalty of five dollars for every day such person is in his employ ment. SEC. 2933. If any driver whilst actually employed in driver's in- driving any such vehicle is intoxicated to such a degree as to endanger the safety of his passengers, the owner, on receiving from any such passenger a written notice of the fact, verified by his oath, must forthwith discharge such driver; and if he has such driver in his service within six months after such notice he incurs a like penalty. Horses to be fastened standing. SEC. 2934. The driver of any vehicle used to convey passengers must not leave the horses attached thereto while while passengers remain in the same without first securely fastening the horses or placing the lines in the hands of some other person, so as to prevent their running, under a penalty of twenty dollars for each offence. SEC. 2935. The penalties provided by the three preceding sections are to be recovered by the District Attorney of the county in which the offender resides, for the use of the County Road Fund. The Court may allow a portion not exceeding twenty-five dollars of any such penalty recovered to be retained by the District Attorney in addition to his costs. Any action for a penalty incurred under the last section must be commenced within six months. Penalties, how and by whom recovered. owners for damages done by SEC. 2936. The owners of every vehicle running or Liability of traveling upon any road for the conveyance of passengers are liable jointly and severally for all damages to drivers. persons or property done by any person in their employment as a driver while driving such vehicle, whether done wilfully or negligently, or otherwise, in the same manner as such driver would be liable. to SEC. 2937. Nothing contained in the six preceding sec- Exceptions tions must affect any law concerning hackney coaches or preceding carriages in any city, nor affect laws or ordinances of sections. any city for the licensing or regulating such coaches or carriages. of bridges. SEC. 2938. The owner of any toll bridge and any plank Protection road company owning a bridge of not less than twenty feet span may put up conspicuously at each end of it notice in these words in large characters: "Five dollars fine for riding or driving on this bridge faster than a walk;" and whoever rides or drives faster than a walk on such bridge forfeits to the owner the sum of five dollars. TITLE VII. GENERAL POLICE OF THE STATE. CHAPTER I. Immigration. II. Preservation of the Public Health. III. Registry of Births, Marriages, and Deaths. V. Cemeteries and Sepulture. VI. Lost and Unclaimed Property. VII. Marks and Brands. VIII. Weights and Measures. IX. Labor and Materials on Public Buildings. X. Hours of Labor. XI. Time. XII. Money of Account. XIII. Auctions. XIV. Fires and Firemen. XV. Licenses. CHAPTER I. IMMIGRATION. SECTION 2949. Duties of masters of vessels arriving in California. 2950. Form of report. 2951. Oath to be administered to certain passengers. 2952. Bond may be required of owner or consignee of vessel. 2953. Additional bond in certain cases. 2954. Nature of bond. 2955. Commutation. 2956. Action on bond. 2957. Penalty for neglect to give bond. 2958. Commutation Fund, to what applied. 2959. Fines and penalties, lien on vessel. 2960. Other commutations. 2961. Commutation money to be paid into State Treasury. 2962. Certain vessels exempted. |