issued. And to provide means for the payment of said sum of five thousand one hundred and thirty-one dollars, monthly, from said San Francisco harbor improvement fund into said San Francisco depot sinking fund, and for the other payments out of said fund authorized by this act, and as provided for therein, the said board of state harbor commissioners are hereby authorized and directed, by the collection of dockage, wharfage, tolls, rents, and cranage, to collect a sum of money sufficient therefor, over and above the amount limited by section two thousand five hundred and twenty-six of the Political Code of the state of California. After the payment of all of said bonds, the surplus or balance remaining in said sinking fand, if any there be, shall forthwith be paid into the San Francisco harbor improvement fund. At the maturity of said state bonds, the said treasurer shall sell the United States bonds then in said sinking fund, at governing market rates, and place the proceeds in said San Francisco depot sinking fund, and shall pay out the same in extinguishment of said state bonds, on controller's warrants duly drawn for that purpose. SEC. 6. The state treasurer shall keep full and particular account and record of all his proceedings under this act, and he shall transmit to the governor an abstract of all his proceedings thereunder, with his annual report, to be by the governor laid before the legislature; and all books and papers pertaining to the matter provided for in this act shall at all times be open to the inspection of any party interested, or the governor, or attorney-general, or a committee of either branch of the legislature, or a joint committee of both. SEC. 7. It shall be the duty of the state treasurer to pay the interest on said bonds when the same falls due, out of the sinking fund provided for in this act, on controller's warrants duly drawn for that purpose. SEC. 8. This act, if adopted by the people, as hereinafter provided for, shall take effect on the thirty-first day of December, A. D. eighteen hundred and ninety-two, as to all its provisions, except those relating to and necessary for its submission to the people, and for returning, canvassing, and proclaiming the votes, and as to said excepted provisions this act shall take effect immediately. SEC. 9. This act shall be submitted to the people of the state of California for their ratification at the next general election to be holden in the month of November, A. D. eighteen hundred and ninety-two; and the qualified electors of the state shall, at said election, on their ballots, vote for or against this act; those voting for the same shall write or have printed on their ballots the words "For the San Francisco depot act,' and those voting against the same shall write or have printed on their ballots the words "Against the San Francisco depot act." The governor of this state shall include the submission of this act to the people as aforesaid in his proclamation calling for said general election. SEC. 10. The votes cast for or against this act shall be counted, returned, and canvassed, and declared in the same manner and subject to the same rules as votes cast for state officers; and if it appear that said act shall have received a majority of all the votes cast for and against it at such election as aforesaid, then the same shall have effect as herein before provided, and shall be irrepealable until the principal and interest of the liabilities herein created shall be paid and discharged, and the governor shall make proclamation thereof; but if a majority of the votes cast as aforesaid are against this act, then the same shall be and become void. SEC. 11. It shall be the duty of the secretary of state to have this act published in at least one newspaper in each county or city and county, if one be published therein, throughout this state, for three months next preceding the general election to be holden in the month of November, A. D. eighteen hundred and ninety-two. The costs of such publication shall be paid out of the general fund, on controller's warrants duly drawn for that purpose. SEC. 12. This act may be known and cited as the "San Francisco depot act." SEC. 13. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. This act was adopted at the general election held in November, 1892. 2546. Approval of bond, and effect of failure to approve: 78 Cal. 154. 154. Filing of bond: 78 Cal, 154. Breach of wharfinger's bond, and evidence of: 78 Cal. 2569. Penalties.- Subdivision 6 of this section is unconstitutional: 88 Cal. 491. 2607. Harbor commissioners of the bay of San Diego. The monthly salaries of the officers shall be as follows: Each of the three commissioners, twenty-five dollars; the secretary, who shall be elected by the commissioners from their own number, one hundred dollars, in addition to his salary as commissioner. The salaries and compensation of all other officers and employees, when appointed, shall be fixed by a majority of the board of harbor commissioners, and all salaries shall be paid monthly on warrants drawn on the San Diego harbor improvement fund, and shall be signed by the president and secretary of the board; provided, that in no event shall the state be liable for the salaries of the members of said board of commissioners, or of the secretary thereof, or for the salary or compensation of any officer or employee elected or appointed by said board, or upon any contract made or entered into by said board. And it is hereby expressly provided that said board of commissioners shall not create any liability or indebtedness against the state in any manner or form whatsoever, and any liability or indebtedness so created, or attempted to be created, shall be absolutely null and void. [Amendment approved March 10, 1891; Stats. 1891, p. 69; in effect immediately.] 2618. Provision against special legislation does not apply to the road laws retained by the code: 67 Cal. 591. Dedication. (a) Who may dedicate: 71 Cal. 21; 88 Cal. 263; 90 Cal. 522; 91 Cal. 213; 86 Cal. 405; 88 Cal. 263. (b) Intent: 95 Cal. 463; 86 Cal. 192; 82 Cal. 24; 79 Cal. 449; 75 Cal. 453. (c) Ofer and acceptance: 94 Cal. 438; 83 Cal. 623; 86 Cal. 192; 86 Cal. 405; 88 Cal. 263; 93 Cal. 43; 81 Cal. 524; 81 Cal. 70; 95 Cal. 78: 95 Cal. 4:20. (4) User and acquiescence: 82 Cal. 153; 94 Cal. 533; 91 Cal. 621; 86 Cal. 405; 93 Cal. 128; 81 Cal. 122; 88 Cal. 263; 93 Cal. 43; 81 Cal. 521: 95 Cal. 463; 84 Cal. 634; 95 Cal. 78; 78 Cal. 9; 65 Cal. 250; 89 Cal. 11. (4) Evidence to show: 82 Cal. 153; 87 Cal. 84; 79 Cal. 449; 81 Cal. 524, 95 Cal. 463; 84 Cal. 634; 89 Cal. 11; 70 Cal. 454. (f) Mapping and platting: 94 Cal. 443; 94 Cal. 438; 83 Cal. 623; 91 Cal. 213: 86 Cal 192; 86 Cal. 405; 93 Cal. 263; 93 Cal. 500; 88 Cal. 263; 87 Cal. 84; 82 Cal. 24; 93 Cal. 43; 81 Cal. 524; $1 Cal. 70; 84 Cal. 634; 88 Cal. 263; 85 Cal. 463; 72 Cal. 171; 70 Cal. 476; 89 Cal. 11. (9) Rebuttal or revocation of: 82 Cal. 153; 83 Cal. 623; 82 Cal. 24; 81 Cal. 524; 95 Cal. 463; 70 Cal. 454; 70 Cal. 476; 88 Cal. 263. 2619. Continuance of highway: 94 Cal. 533. Expiration of franchise: 95 Cal. 78; 79 Cal. 171; 79 Cal. 166; 83 Cal. 239. Abandonment and vacation of highway: 81 Cal. 122; 83 Cal. 623; 84 Cal. 1; 93 Cal. 263; 93 Cal. 128. 2623 Title to roads. Any road laid out by the board of supervisors as provided in this chapter, or used and worked as therein provided, shall not be vacated or cease to be a highway until so ordered by said board; and each eounty shall be deemed to have acquired title to any road opened over any land in conformity to any order made by its board of supervisors pursuant to this chapter after one year shall have elapsed from the time of making the order opening the road. [New section added April 6, 1891; Stats. 1891, p. 508.] 2633. Owner of land may plant trees. Any owner or occupant of land adjoining a highway not less than three rods wide may plant trees in and along said highway on the side contiguous to his land. They must be set in regular rows, at a distance of at least twenty feet from each other, and not more than six feet from the boundary of the highway. If the highway is more than eighty feet wide, the row must not be less than six nor more than twelve feet from the boundary of the highway. Whoever willfully injures any of them is liable to the owner or to the occupant for the damage which is thereby sustained; provided, if, in the judgment of the board of supervisors, the whole width of such road is needed for use for highway purposes, the whole thereof may be so used. [Amendment approved March 9, 1893; Stats. 1093, p. 113; in effect immediately.] 2641. Road districts. The board of supervisors of the several counties shall divide their respective counties into suitable road districts, and may change the boundaries thereof, and each supervisor shall be ex officio road commissioner in his supervisor district, and shall see that all orders of the board of supervisors pertaining to the roads in his district are properly executed; provided, when in any county the members of the board of supervisors thereof are not elected by districts, it shall be the duty of such board, by proper order, to be entered in its records, to divide such county into supervisor districts to correspond with the number of members of such board, and to assign to each member thereof one of such districts, of which he shall be such road commissioner; when not otherwise provided by law, he shall receive for his services as such road commissioner twenty cents per mile, one way, for all distances actually traveled by him in the performance of his duties; provided, that he shall not, in any one year, receive more than three hundred dollars. [Amendment approved March 9, 1893; Stats. 1893, p. 113; in effect immediately.] This section was also amended in 1891: Stats. 1891, p. 474. 2642. Office of road-overseer abolished. From and after the Monday following the first day of January, A. D. eighteen hundred and ninety-three, the office of roadoverseer shall be abolished; provided, that whenever in this code the words "road-overseer" occur, they shall be taken and construed so as to read road commissioner. [Amendment approved March 31, 1891; Stats. 1891, p. 474; in effect after the Monday following the first day of January, 1833.] Road-overseer, eligibility to office: 79 Cal. 472; mandamus to compel appointment: 70 Čal, 612. 2643. Duties of boards of supervisors. The boards of supervisors of the several counties of the state shall have general supervision over the roads within their respective counties. They must, by proper order, - 1. Cause to be surveyed, viewed, laid out, recorded, opened, and worked, such highways as are necessary to public convenience, as in this chapter provided. 2. Cause to be recorded as highways such roads as have become such by usage, dedication, or abandonment to the public; also all such streets and roads as have been or may be declared such under section seventeen hundred and sixty-four of the Code of Civil Procedure. 3. Abolish or abandon such as are not necessary. 4. Contract, agree for, purchase, or otherwise acquire the right of way over private property for the use of public highways, and for that purpose institute, or require the district attorney to institute, proceedings under title seven, part three, of the Code of Civil Procedure, and to pay therefor from the district road fund of the particular district. 5. Levy a property tax for road purposes. 6. In their discretion, cause to be erected and maintained on the highways they may designate, mile-stones, or posts, or guide-posts, properly inscribed. 7. Cause the road tax collected each year to be apportioned to the several road districts entitled thereto, and kept by the treasurer in separate funds. 8. Audit all claims on the funds of the respective road districts, when required to pay for work or improvements thereon. |