co-sureties 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. Amended March 16, 1889; stats. 1889, p. 220. 74 Cal. 376. TITLE VI. Public Ways. CHAPTER I. PUBLIC WATERS. ARTICLE IX. San Francisco Harbor and State Harbor Commissioners. SEC. 2524a. Power of state harbor commissioners to set apart property for aquatic sports. Power of state harbor commissioners to set apart property for aquatic sports. § 2524a. The board of state harbor commissioners shall have power to set apart and assign any property under their control, for a period not exceeding ten years, to any corporation, club or association organized for the purpose of developing and promoting aquatic sport; provided, that no property shall be set apart under provisions of this section to any corporation, club, or association the object of which is pecuniary profit; and provided further, that when any property has been set apart under the provisions of this section to any corporation, club or association, and such corporation, club or association shall cease to be actively engaged in the prosecution of the object and purposes for which it was organized or incorporated such assignment shall thereupon cease and determine as to such corporation, club, or association. Enacted February 23, 1907; stats. 1907, p. 43. § 2619. Whenever the franchise for any toll bridge, trail, turnpike, plank or common wagon road has expired by limitation or non-user, such bridge, trail, turnpike, plank or common wagon road becomes a free public highway; and no claim shall be valid against the public for right of way, or for the land or material comprising such bridge, trail, turnpike, plank, or common wagon road. All public highways, once established, shall continue to be public highways until abandoned by order of the board of supervisors of the county in which they are situated, or by operation of law, or judgment of a court of competent jurisdiction. Enacted February 28, 1883; stats. 1883, p. 6. 65 Cal. 251; 71 Cal. 402; 78 Cal. 14, 408; 79 Cal. 170; 80 Cal. 342; 81 Cal. 124; 82 Cal. 157; 83 Cal. 267; 89 Cal. 13; 94 Cal. 539; 95 Cal. 83, 469; 99 Cal. 213, 293; 102 Cal. 29; 103 Cal. 230; 104 Cal. 439; 108 Cal. 596; 122 Cal. 338; 132 Cal. 170; 144 Cal. 354; 7 Cal. App. 492. ARTICLE V. Performance of Highway Labor and Commutation. SEC. 2671. Employers responsible for road poll tax assessed against employees. Employers responsible for road poll tax assessed against employees. § 2671. 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. Enacted February 28, 1883; stats. 1883, p. 12. ARTICLE VI. Laying Out, Altering, and Discontinuing Roads. SEC. 2694. Roads crossing railroads, canals, and ditches. Roads crossing railroads, canals, and ditches. § 2694. 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. Enacted February 28, 1883; stats. 1883, p. 15. ART. I. CHAPTER III. TOLL ROADS. Construction of toll roads. $$ 2779-2802. II. Use of toll roads, and obstructions thereon. §§ 28142817. III. Inspection and repairs. S$ 2827-2832. ARTICLE I. Construction of Toll Roads. (See, also, wagon road corporations, Civ. C. § 512 et seq., and Pol. C. § 4047.) SEC. 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. 2785. 2786. Compensation of commissioners, map and report. 2787. Acquiring lands by grant. 2788. 2789. Appropriation of damages for highways taken. 2790. Orchards and gardens. 2791. 2792. Bridging streams. One road corporation using the roadbed of another. 2793. How to be constructed. 2799. 2800. 2801. 2802. Abandonment of road, and what becomes of it. County may purchase road, how. Appraisement and award, how made. Provisions apply to all toll roads. Notice of and application to construct the road. $ 2779. 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 in 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. Enacted March 12, 1872. 95 Cal. 85. Taking of tolls by wagon road corporation: See Civ. C. § 514 et seq. Special meeting of supervisors. § 2780. 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. Enacted March 12, 1872. Hearing the application. § 2781. On 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. Enacted March 12, 1872. Action of supervisors. § 2782. 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. Enacted March 12, 1872. 123 Cal. 181. See, also, Pol. C. §§ 4041 and 4047. Commissioners, how appointed for other counties. § 2783. 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. Enacted March 12, 1872. Laying out the road. § 2784. 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 |