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the corporation must so change and open the highways so taken and used as to make the same as good as before the appropriation thereof; and must so construct all crossings of public highways over and by its road and toll gates, as not to hinder or obstruct the use of the same. En. March 21, 1872. Amd. 1905, 577.

Legislative History.

The change consists in the omission of the words "they were" before the word "before." The omission does not change the mean

ing of the section.-Code Commissioner's Note.

BRIDGES OR FERRIES ON LINE OF; TOLLS; FRANCHISES FORFEITED, WHEN.

Sec. 514, C. C. All wagon road corporations may bridge. or keep ferries on streams on the line of their road, and must do all things necessary to keep the same in repair. They may take such tolls only on their roads, ferries, or bridges, as are fixed by the board of supervisors of the proper county through which the road passes, or in which the ferry or bridge is situ ate. But in no case must the tolls be more than sufficient to pay fifteen per cent, nor less than ten per cent per annum, on the cost of construction, after paying for repairs and other expenses for attending to the roads, bridges, or ferries. If tolls. other than as herein provided, are charged or demanded, the corporation forfeits its franchise, and must pay to the party so charged one hundred dollars as liquidated damages. En. March, 21, 1872. Amd. 1873-74, 214; 1873-74, 272; 1905, 577.

Legislative History.

The change consists in the omission of that part of the section excepting from its operation the counties of Butte, Del Norte, Humboldt, Klamath, Plumas, and Sierra.-Code Commissioner's Note.

PERSONS DETAINED UNTIL TOLL IS PAID.

Sec. 517, C. C. Each toll-gatherer may prevent from passing through his gate any person, animal, or vehicle, subject to toll, until the toll authorized to be collected for such passing has been paid. En. March 21, 1872. Amd. 1905, 577.

Legislative History.

The section as it now stands authorizes the toll-gatherer to prevent from passing through his gate persons leading or driving animals or vehicles subject to toll. The form of the section has been changed to express what was doubtless originally intended by the legislature. Code Commissioner's Note.

PERSONS UNNECESSARILY DETAINED OR OVERCHARGED,

DAMAGES.

Sec. 518, C. C. Every toll-gatherer who, at any gate, unreasonably hinders or delays any traveler or passenger or any vehicle or animal liable to the payment of toll, or demands or receives from any person more than he is authorized to collect, for each offense forfeits the sum of twenty-five dollars to the person aggrieved. En. March 21, 1872. Amd. 1905, 578.

Legislative History.

The change consists in the insertion of the words "or any vehicle or animal' after "passenger."-Code Commissioner's Note.

PROPERTY MAY BE MORTGAGED OR HYPOTHECATED. Sec. 522, C. C. The corporation may mortgage or hypothecate its road and other property for funds with which to construct or repair its road, but no mortgage or hypothecation is valid or binding unless at least twenty-five per cent of the capital stock subscribed has been paid in and vested in the construction of the road and appurtenances, and then only after an affirmative vote of two-thirds of the capital stock subscribed. En. March 21, 1872. Amd. 1905, 578.

Legislative History.

The change consists in the substitution of the word "its" in place of "their," thus correcting an error of grammar.--Code Commissioner's Note.

FRANCHISES GRANTED FOR CONSTRUCTION OF ROADS FOR USE OF HORSELESS VEHICLES.

Sec. 524, C. C. The legislative or other body to whom is intrusted the government of any county, city and county, city,

or town, may, under such regulations, restrictions, and limitations as it may provide, subject to existing laws, grant franchises for the construction of paths and roads, either on the surface, elevated, or depressed, on, over, across, or under the streets and public highways of any such county, city, or town, for the use of bicycles, tricycles, motorcycles, and other like horseless vehicles, for a term not exceeding fifty years. In incorporated cities no franchise must be granted for the purpose herein expressed, unless the consent in writing of the owners of a majority of the frontage upon the road or street along which said path or road is sought to be constructed, is first had and obtained, and filed with such legislative or governing body. En. Stats. 1905, 578.

Legislative History.

The statute of 1897, page 191, authorizing municipal corporations to construct paths and roads for the use of bicycles and other horseless vehicles, is codified in this section.-Code Commissioner's Note.

TOLL NOT BE COLLECTED WITHOUT AUTHORITY.

Sec. 528, C. C. No corporation must construct, or take tolls on a bridge, ferry, wharf, chute, or pier until authority is granted therefor by the supervisors, or other governing body having authority in that behalf. En. March 21, 1872. Amd. 1905, 579.

Legislative History.

The change consists in the insertion of the words "or other gov erning body having authority in that behalf," after "supervisor." Code Commissioner's Note.

CORPORATE EXISTENCE CEASES, WHEN.

Sec. 529, C. C. Every such corporation ceases to be a body corporate:

1. If, within six months from filing its articles of incorporation, it has not obtained such authority from the board of su pervisors, or other governing body having authority in that behalf; and if, within one year thereafter, it has not commenced the construction of the bridge, wharf, chute, or pier, and actu

ally expended thereon at least ten per cent of the capital stock

of the corporation;

2. If, within three years from filing the articles of incorporation, the bridge, wharf, chute, or pier is not completed;

3. If, when the bridge, wharf, chute, or pier of the corporation is destroyed, it is not reconstructed and ready for use within three years thereafter;

4. If the ferry of any such corporation is not in running order within three months after authority is obtained to establish it, or if at any time thereafter it ceases for a like term consecutively to perform the duties imposed by law. En. March 21, 1872. Amd. 1905, 579.

Legislative History.

The change consists in the insertion of the words "or other gov erning body having authority in that behalf," after "supervisors."' Code Commissioner's Note.

ANNUAL REPORT TO SUPERVISORS.

Sec. 530, C. C. The president and secretary of every bridge, ferry, wharf, chute, or pier corporation must annually, under oath, report to the board of supervisors, or other governing body having authority in that behalf, of the county in which the articles of incorporation are filed:

1. The cost of constructing and providing all necessary appendages and appurtenances for its bridge, ferry, wharf, chute, or pier;

2. The amount of all moneys expended thereon, since its construction, for repairs and incidental expenses;

3. The amount of its capital stock, how much paid in, and how much actually expended thereof;

4. The amount received during the year for tolls, and from all other sources, stating each separately;

5. The amount of dividends made, and the indebtedness of the corporation, specifying for what it was incurred;

6. Such other facts and particulars respecting the business of the corporation, as the board of supervisors or other governing body having authority in that behalf may require.

This report the president and secretary must cause to be published for four weeks in a daily newspaper published nearest

the bridge, ferry, wharf, pier, or chute, if required by order of the board of supervisors or other governing body having author. ity in that behalf. A failure to make such report subjects the corporation to a penalty of two hundred dollars, and for every week permitted to elapse after such failure an additional penalty of fifty dollars, payable in each case to the county from which the authority of the corporation was derived. All such cases must be reported by the board of supervisors, or other governing body having authority in that behalf, to the district attorney or city attorney, who must commence an action therefor. En. March 21, 1872. Amd. 1905, 579.

Legislative History.

The change consists in the insertion of the words "or other governing body having authority in that behalf," after "supervisors." Code Commissioner's Note.

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