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over navigable streams to this section is expressly conferred upon them by the later act of 1881. It follows that boards of supervisors have jurisdiction to grant a franchise to collect tolls on bridges over navigable streams. (Chico Bridge Co. v. Sacramento Tr. Co., 123 Cal. 181, 55 Pac. 780.)

COMMISSIONERS, HOW APPOINTED FOR OTHER COUNTIES. Sec. 2783, Pol. C. If the route extends into more than one county the application must specify their names, and the board of supervisors of each of such counties must appoint commissioners to act in their respective counties with the commissioner and surveyor of the company. The company must appoint one commissioner of like qualification as those appointed by the board of supervisors, and furnish a surveyor to accompany and act with them. En. March 12, 1872.

Legislative History.

This section is based on section 2 of the wagon road act of 1853, page 114.

LAYING OUT THE ROAD.

Sec. 2784, Pol. C. The commissioners must take the oath of office, and view and lay out the road as in their judgment will best promote the public interest. They must hear all persons interested, and may take testimony; they may determine the breadth of the way, not exceeding one hundred feet, except where the company acquire a greater breadth by grant. They must make, sign, and certify an accurate survey and description of the route and of the land necessary for the road, buildings, and gates in each county, and record the same in the office of the county clerk thereof. When the breadth of the road is not fixed by the commissioners it may be fixed by the commissioner of highways or the board of supervisors of the county. En. March 12, 1872.

Legislative History.

This section is based on section 15 of the turnpike act of 1853, page 171, and section 4 of the toll road act of 1870, page 885.

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COMPENSATION OF COMMISSIONERS, MAP AND REPORT. Sec. 2785, Pol. C. The company must pay to each commissioner his expenses and four dollars a day for his services; cause their surveyor to make the map of the proposed road, which, when approved and certified by the commissioners, must be filed with the report in the office of the clerk of the board of supervisors and recorded. En. March 12, 1872.

BRANCHES AND EXTENSIONS.

Sec. 2786, Pol. C. The directors of any such company may, with the written consent of the holders of two-thirds of the stock, proceed in the manner prescribed by the preceding seven sections to construct branches to their road, or to extend it or alter any part of its route or branches. En. March 12, 1872.

ACQUIRING LANDS BY GRANT.

Sec. 2787, Pol. C. Lands necessary for the purposes of the road or appurtenances may be acquired by purchase or condemnation. Lands within any highway may be granted by the board of supervisors or town or city authorities on such terms and for such sums as may be agreed upon. En. March 12, 1872.

Legislative History.

This and the next section and based on section 8 of the toll road act of 1870, page 886.

APPROPRIATION OF DAMAGES FOR HIGHWAYS TAKEN. Sec. 2788, Pol. C. When the road company desires the exclusive use of lands forming part of a highway, and such use is granted by the supervisors, the damages received therefor are to be paid to the road fund of the road district in which the same is situated. En. March 12, 1872.

Road company collecting tolls: C. C., sec. 514 et seq.

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APPLICATION, WHEN UNNECESSARY.

Sec. 2789, Pol. C. When the company has obtained all the lands necessary in any county, by purchase or agreement, the road may be constructed without making the application to the board of supervisors hereinbefore provided for; but before proceeding to do so, an accurate survey of such part of the road must be made by a practical surveyor, signed and sworn to by the president and secretary, and recorded in the county clerk's office; and if the road extends into another county, authority to construct the road there must be first obtained. En. March 12, 1872.

Legislative History.

See sec. 2788, Pol. C., supra.

Section Cited.

Blood v. Woods, 95 Cal. 85, 30 Pac. 129.

ORCHARDS AND GARDENS.

Sec. 2790, Pol. C. No such road must be laid out through any orchard of four years' growth, to the injury of the fruit trees, or any garden of four years' cultivation, or any dwellinghouse or building connected with a dwelling-house, or any yard or inclosure necessary thereto, without the consent of the owner. En. March 12, 1872.

Legislative History.

This section is based on section 16 of the turnpike act of 1853, page 171.

BRIDGING STREAMS.

Sec. 2791, Pol. C. The road company may bridge any stream or river on the route of their road, when not within the limits prescribed by law for the erection and maintenance of any other bridge; and in bridging streams used for rafting lumber the bridge must be so constructed as not to prevent or endanger the passage of any raft forty feet in width. En. March 12, 1872.

Legislative History.

This section is based on section 18 of the turnpike act of 1853, page 173.

ONE ROAD CORPORATION USING THE ROADBED OF ANOTHER.

Sec. 2792, Pol. C. No plank-road company must construct its road on the road of another company, except in the case of crossings, without consent of the latter. En. March 12, 1872.

HOW TO BE CONSTRUCTED.

Sec. 2793, Pol. C. Every such road must be laid out at least fifty feet wide. The track of plank roads must be constructed eighteen feet wide, of timber, plank, or other hard material. The track or turnpikes must be bedded with stone, gravel, or such other hard material found on the line thereof, to the width of eighteen feet, and faced with broken stone or gravel. The common wagon road must be graded at least twelve feet in width, and so constructed with necessary turn-outs as to permit vehicles to pass each other conveniently. All the roads must be ditched on the sides when practicable, and have proper and necessary sewerage, and be so constructed that vehicles may pass on and off the track at all intersections of roads. En. March 12, 1872.

MAY RELAY WITH WHAT.

Sec. 2794, Pol. C. Every company that has once laid their road with plank may relay it or any part of it with broken stone, gravel, shells, or other hard material whereby they keep a good, substantial road. En. March 12, 1872.

MILE-STONES AND POSTS.

Sec. 2795, Pol. C. A mile-stone or post must be maintained at every mile, with an inscription, showing the distance from the commencement of the road. If the road commences at the end of any other road, or intersects therewith, having milestones or posts on which the distance from any city or town is marked, a continuation of that distance must also be inscribed. En. March 12, 1872.

Corporation Laws-36

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GUIDE-POSTS.

Sec. 2796, Pol. C. A guide-post must be erected at every place where the road is intersected by a public road, with an inscription showing the name of the place to which such intersecting road leads, in the direction to which the name on the guide-post points. En. March 12, 1872.

INSPECTION, CERTIFICATE, AND COMPLETION.

Sec. 2797, Pol. C. When the road, or three consecutive miles thereof, is completed, the commissioner of highways or such road overseer or other person thereto specially appointed by the board of supervisors of the county, must inspect the road when requested, and if satisfied that the road conforms to the requirements of the law, must certify to the facts and file the certificate in the office of the county clerk; for such service four dollars per day must be by the company paid to the inspector or commissioner. When only three miles of any plank road are completed, if it is not the entire road, tolls must not be collected thereon for more than one year, unless the road or five consecutive miles are completed within the year. En. March 12, 1872.

Legislative History.

This section is based on section 6 of the toll road act of 1870, page 885.

ERECTION OF GATES, ETC.

Sec. 2798, Pol. C. When the certificate of completion is filed, toll-gates may be erected and tolls collected. No toll-gate, tollhouse, or other building must be put up within ten rods of the front of any dwelling-house, barn, or outhouse, without written consent of the owner thereof. En. March 12, 1872.

ABANDONMENT OF ROAD, AND WHAT BECOMES OF IT.

Sec. 2799, Pol. C. Whenever the holders of two-thirds of the stock consent, the directors of any company may abandon the whole or any part of their road at either or both ends, by written surrender thereof, attested by their seal, and acknowledged by the president and secretary as a deed or grant is acknowl

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