Board to hear proof, and may grant authority. § 2910. On the day named in the notice, or to which the hearing is adjourned, the board of supervisors must hear proof of publication and service of notice; if satisfactory, the board must hear the allegations of the petition, and any objections to the granting of the application, and proofs in support of each. If from the proofs it appear that the public good or convenience will be promoted thereby, the board of supervisors may grant to the applicant the right to erect or construct a wharf, chute, or pier, as prayed for, and to take tolls for the use of the same for the term of twenty years. Enacted March 12, 1872. Overflowed or tide lands granted. $ 2911. The grant of authority made by the board of supervisors, as provided in the preceding section, conveys to the grantee or applicant the right of way and all necessary use for the purposes of the wharf, chute, or pier, of any of the overflowed, submerged, or tide lands belonging to the state, particularly describing the quantity thereof in the order, as also the right of way over any swamp, overflowed, marsh, or tide lands lying between the wharf, chute, or pier and high or dry land, fifty feet in width, for twenty years. Enacted March 12, 1872. One hundred and fifty feet on each side of wharf, etc. § 2912. The grant of authority herein provided for carries with it the right to have unincumbered and unobstructed the land and water on each side of the wharf, chute, or pier, from high-water mark to navigable water, a distance of one hundred and fifty feet, for the convenience of landing, loading, and unloading vessels, but for no other purpose. Enacted March 12, 1872. How to obtain use of lands. § 2913. Authority to construct a wharf, chute, or pier being granted, the grantee or applicant may procure from the owner the right of way and other necessary incidental use for the wharf, chute, or pier, of any of his lands, by proceedings had under title seven, part three, of the Code of Civil Procedure. Until such use of the lands held adversely is obtained by agreement, or by the proceedings hereinbefore mentioned, there is no authority to construct a wharf, chute, or pier, or to take tolls thereon. Enacted March 12, 1872. 57 Cal. 204. Dimensions of wharves, chutes, or piers. § 2914. The wharf, chute, or pier must not be of a greater width than seventy-five (75) feet, and may extend to navigable water; provided, that a wharf constructed upon any of the navigable rivers, straits, sloughs, and inlets in this state may extend along the shores for a distance not exceeding one thousand feet, but in no case shall any wharf, chute, or pier extend into the water so far as to obstruct the free navigation of the water on which the same is situated; provided, this act shall not apply to the water-fronts of incorporated cities and towns. Amended April 16, 1880; stats. 1880, p. 66. Franchise, what to constitute. § 2915. The orders granting authority, and agreements, contracts, deeds, and decrees of courts granting the right of way and other use of lands, must be filed and recorded in the office of the recorder of the county where the wharf, chute, or pier is situate and constitutes the franchise of the applicant. The fees of the recorder, as also the fees of the clerk, sheriff, and other officers, for services rendered, must be paid by the applicant. Enacted March 12, 1872. Board of supervisors to fix rate of tolls, etc. § 2916. The board of supervisors must fix the rate of tolls or wharfage for the use of the wharf, chute, or pier annually, which must not produce an income of less than fifteen per cent per annum nor more than twenty-five per cent per annum on the fair cash value of the wharf, chute, or pier, and on the cost of repair and maintenance thereof, exclusive of the amount paid for license imposed by the next section. Such value and cost of repair and maintenance to be fixed by the board of supervisors when levying the rates of tolls or wharfage, by hearing evidence and examining the assessment rolls of the county. When fixed, the rates must be furnished the owner, and a printed or written copy thereof conspicuously posted on the wharf, chute, or pier Amended March 24, 1876; stats. 1875-6, p. 52. License, and the tax for. § 2917. When the wharf, chute, or pier is completed and the tolls or wharfage fixed, the owner is entitled to a license to take the tolls thereon for the term of one year, to be issued by the county auditor on the payment of such license tax as the board of supervisors may fix, which, except that for the first year, must not be more than ten per cent of the gross receipts for tolls or wharfage for the previous year, to be paid to the county treasury for general road purposes. Enacted March 12, 1872. To keep in good repair. § 2918. Any owner or keeper of a wharf, chute, or pier who takes toll or wharfage for the use of the same when not in good repair, or is unsafe or dangerous, forfeits the sum of twentyfive dollars, to be recovered by order of the board of supervisors granting authority to construct it, for the use of the general road fund of the county, and is liable for all damages occasioned thereby. Enacted March 12, 1872. Restrictions on granting authority. § 2919. No authority must be granted under this chapter to interfere with vested rights, nor to interfere with or infringe grants heretofore made by state authority; nor does authority to construct a wharf, chute, or pier continue for a longer period than two years, unless the same is within that time completed. Enacted March 12, 1872. 67 Cal. 545; 146 Cal. 397. Cities and towns exempted and authorized. § 2920. The lands of the state situate in the city and county of San Francisco, and those otherwise disposed of or situate within the limits of any incorporated town or city of this state, are excluded from the provisions of this chapter. The municipal authorities of any incorporated city or town other than San Francisco may grant authority to construct wharves, chutes, and piers, as is herein provided for the board of supervisors. Enacted March 12, 1872. 60 Cal. 347. Granting railroad right to construct. § 2921. Boards of supervisors of counties in this state may grant to any railroad corporation authority to construct a wharf or pier on or in front of any lands owned by it bordering on any navigable bay, inlet, lake, creek, slough, or arm of the sea situate in or bounding their counties, respectively, with a license to take tolls for the use of the same for the term of the corporate existence of the said railroad corporations, not exceeding fifty years, whenever such board finds the use of said wharf or pier necessary to the exercise of the franchise of such railroad corporation for terminal purposes, and the same may be granted without offering the same for sale. Nothing contained in this chapter shall be construed to limit the powers of such boards to grant the right to such railroad corporations to build and construct for terminal purposes on and in front of any lands owned by it any wharf or pier of the width necessary for the carrying on of the business of such railroad at such terminal, not to exceed one thousand (1,000) feet, and to the length that it may be desirable to construct the same, so that it may not prevent the navigation by boats and vessels of such navigable bay, inlet, lake, creek, slough, or arm of the sea; provided, that there shall be excluded from the operation of this section any and all territory and property under the jurisdiction or control of any incorporated city or town or any board of state harbor commissioners. All of the provisions of this chapter not in conflict with anything in this section contained are hereby made applicable to all proceedings had under this section. Enacted March 22, 1899; stats. 1899, p. 234. CHAPTER VI. MISCELLANEOUS PROVISIONS RELATING TO PUBLIC WAYS. SEC. 2938. Protection of bridges. Protection of bridges. § 2938. The owner of any toll bridge, and any plank-road company owning a bridge of not less than twenty feet span, may put up conspicuously at each end of it notice in these words in large characters: "Five dollars fine for riding or driving on this bridge faster than a walk"; and whoever rides or drives faster than a walk on such bridge forfeits to the owner the sum of five dollars. Enacted March 12, 1872. SEC. 3152. 3153. TITLE VII. General Police of the State. CHAPTER VI. LOST AND UNCLAIMED PROPERTY. ARTICLE II. Unclaimed Property. Goods may be retained until charges paid. Property unclaimed within sixty days to be sold. 3154. Proceeds unclaimed, where to go. 3155. Carrier's responsibility ceases, when. 3156. Property upon which advances are made may be sold. Goods may be retained until charges paid. § 3152. When any goods, merchandise, or other property has been received by any railroad or express company, or other common carrier, commission merchants, innkeepers or warehousemen, for transportation or safe-keeping, and are not delivered to the owner, consignee, or other authorized person, the carrier, commission merchant, innkeeper, or warehouseman, may hold or store the same with some responsible person until the freight and all just and reasonable charges are paid. Enacted March 12, 1872. 94 Cal. 178. Property unclaimed within sixty days to be sold. $ 3153. If no person calls for the property within sixty days from the receipt thereof, and pays freight and charges thereon, the carrier, commission merchant, innkeeper, or warehouseman may sell such property, or so much thereof as will pay freight and charges, to the highest bidder at public auction, having first caused such notice of sale to be given as is customary in sales of goods by auction at the place where said goods may be held or stored. If any surplus is left, after paying freight, storage, expenses of sale, and other reasonable charges, the same must be paid over to the owner of such property, upon |