SURETIES FOR LESS THAN THE PENAL SUM. Sec. 956, Pol. C. When the penal sum of any bond required to be given, amounts to more than one thousand dollars, the sureties may become severally liable for portions of not less than five hundred dollars thereof, making in the aggregate, at least two sureties for the whole penal sum. And if any such bond becomes forfeited an action may be brought thereon against all or any number of the obligors, and judgment entered against them, either jointly or severally, as they may be liable. The judgment must not be entered against a surety severally bound for a greater sum than that for which he is specially liable by the terms of the bond. Each surety is liable to contribution to his cosureties in proportion to the amount for which he is liable. Any corporation, such as is mentioned in section nine hundred and fifty-five of this code, may become one of such sureties, or be accepted as sole and sufficient surety. En. March 12, 1872. Amd. 1889, 220. Legislative History. The amendment of 1889 authorized corporations to become sureties under this section. Section Cited. People v. Stacy, 74 Cal. 376, 16 Pac. 192. Annotation. Joint and Several Liability.-Sureties signing an official bond without affixing any condition or limitation to their liability are jointly and severally liable thereon after its acceptance and approval, although a person named in the bond as surety did not sign it, and although as to one of the sureties signing the bond no sum was stated in the bond for which he was bound. (People v. Stacy, 74 Cal. 373, 16 Pac. 192. To same effect: Los Angeles v. Mellus, 56 Cal. 444; Cavanaugh v. Casselman, 88 Cal. 550, 26 Pac. 515.) TITLE VI. CHAPTER II. ARTICLE V. PERFORMANCE OF HIGHWAY LABOR AND COMMUTATION. § 2671. Employers responsible for road taxes assessed against employees. EMPLOYERS RESPONSIBLE FOR ROAD TAXES ASSESSED AGAINST EMPLOYEES. Sec. 2671, Pol. C. Corporations, or other employers of persons in any road district subject to road tax, are chargeable for the road poll tax assessed against their employees to the extent of any credit in their hands not exceeding such tax; provided, the road overseer shall first give notice to such employer, or the managing agent of such corporation, and from the time of such notice, the amount of any credit in his hands, or that shall thereafter accrue sufficient to satisfy said tax, shall be paid to the road tax collector, whose receipt shall be evidence in bar of the prosecution of any action by the employee against the principal for the recovery of the same. En. Stats. 1883, 12. ARTICLE VI. LAYING OUT, ALTERING, AND DISCONTINUING ROADS. § 2694. Roads crossing railroads, canals, and ditches. ROADS CROSSING RAILROADS, CANALS, AND DITCHES. Sec. 2694, Pol. C. Whenever highways are laid out to cross railroads, canals, or ditches, on public lands, the owners or corporations using the same must, at their own expense, so prepare their roads, canals, or ditches, that the public highway may cross the same without danger or delay. And when the right of way for a public highway is obtained through the judgment of any court over any railroad, canal, or ditch, no damages must be awarded for the simple right to cross the same. En. Stats. 1883, 15. TITLE VII. CHAPTER III. TOLL ROADS. Article I. Construction of Toll Roads, §§ 2779-2801. II. Use of Toll Roads, and Obstructions Thereon, §§ 28142817. III. Inspection and Repairs, §§ 2827-2832. ARTICLE I. CONSTRUCTION OF TOLL ROADS. 2779. Notice of and application to construct the road. 2780. Special meeting of supervisors. § 2781. Hearing the application. § 2782. Action of supervisors. § 2783. Commissioners, how appointed for other counties. § 2784. Laying out the road. § 2785. Compensation of commissioners, map and report. 2786. Branches and extensions. § 2787. Acquiring lands by grant. 82788. Appropriation of damages for highways taken. § 2789. Application, when unnecessary. 2790. Orchards and gardens. 2791. Bridging streams. § 2792. One road corporation using the roadbed of another. § 2793. How to be constructed. 82794. May relay with what. 2795. Mile-stones and posts. § 2796. Guide-posts. § 2797. Inspection, certificate, and completion. § 2798. Erection of gates, etc. § 2799. Abandonment of road, and what becomes of it. $ 2800. County may purchase road, how. § 2801. Appraisement and award, how made. NOTICE OF AND APPLICATION TO CONSTRUCT THE ROAD. Sec. 2779, Pol. C. If all lands necessary for the roadbed and other purposes are not otherwise acquired as hereinafter provided, the company proposing to construct a toll road through any part of a county must publish a notice in some newspaper published therein, and if none, then the newspaper nearest thereto, once in each week for six successive weeks, specifying the character of the road, the termini, and each town, city, or village through which it is proposed to construct it, and the time when the application hereinafter required will be made. After such notice is complete, on the day specified therein, application must be made to the board of supervisors of the county for authority to take the necessary land and to construct the road described in the notice. En. March 12, 1872. Wagon and corporations taking tolls: C. C., sec. 514 et seq. Legislative History. The basis of the section is sections 2 and 3 of the turnpike act of 1853, page 169, and section 4 of the toll road act of 1870, page 885. Section Cited. Stoney Hill etc. Co. v. Supervisors of Placer Co., 88 Cal. 633, 26 Pac. 513; Blood v. Woods, 95 Cal. 85, 30 Pac. 129. Annotation. Fixing Rates of Toll-Mandamus.-It is the duty of the board of supervisors of a county, upon the application of a toll road corporation whose road is within the county, to establish rates of toll, and they may be compelled to do so by writ of mandate. (Stoney Hill etc. Co. v. Supervisors, 88 Cal. 632, 26 Pac. 513. To same effect: W. & M. Wagon Road Co. v. Supervisors, 64 Cal. 69, 28 Pac. 496; Volcano etc. Co. v. Supervisors, 88 Cal. 635, 26 Pac. 513.) The incorporation of such company cannot be attacked on the application for the writ. (Volcano etc. Co. v. Supervisors, 88 Cal. 635, 26 Pac. 513. Distinguished: People v. Volcano etc. Co., 100 Cal. 89, 34 Pac. 522. Note: 33 Am. St. Rep. 183.) Eminent Domain.-This section prescribes the procedure under which the company may exercise the right of eminent domain. (Blood v. Woods, 95 Cal. 85, 30 Pac. 129.) SPECIAL MEETING OF SUPERVISORS. Sec. 2780, Pol. C. On application therefor the president of the board of supervisors may call a special meeting to hear the application, ten days' notice thereof being served on each of the other supervisors, either personally or by leaving it at his place of residence if absent; the expense of such special meeting and serving notices must be paid by the applicant. En. March 12, 1872. Legislative History. This section is based on section 2 of the wagon road act of 1853, page 114. HEARING THE APPLICATION. Sec. 2781, Pol. C. In the hearing all residents of the county and others interested may appear and be heard. The board may take testimony, or authorize it to be taken by any officer of the county, and adjourn the hearing from time to time. En. March 12, 1872. ACTION OF SUPERVISORS. Sec. 2782, Pol. C. If it appears to the board of supervisors that the public interests will be promoted thereby, a majority of all the members thereof may grant the application, and by order authorize the company to take the real property necessary, and appoint two commissioners to lay out the road, who are disinterested either in the company or in any land sought to be taken or adjoining thereto. A copy of this order must be recorded in the county clerk's office before action under it is had. En. March 12, 1872. Legislative History. This section is based on section 15 of the turnpike act of 1853, page 171, and section 2 of the wagon road act of 1853, page 114. Section Cited. Chico Bridge Co. v. Sacramento Tr. Co., 123 Cal. 180, 181, 55 Pac. 780. Annotation. Construction of Section-Power to License Toll Bridges.-The power which was taken from boards of supervisors to license toll bridges |