roads and highways, or may be used by the board of supervisors at any time in the purchase of toll roads and toll bridges.

Enacted March 12, 1872.

To keep banks in repair.

§ 2858. All ferry and toll bridge keepers must keep the banks of the streams or waters at the landings of their ferries or bridges graded and in good order for the passage of vehicles. For every day compliance herewith is neglected twenty-five dollars is forfeited, to be collected for the use of the road fund of the county.

Enacted March 12, 1872.

ARTICLE II.

Toll Bridges.

(See, also, Pol. C. §§ 3378 and 4041, and statutes at large, Appendix, heading "Bridges.")

2877. Channel of streams navigable by rafts to be kept clear. 2878. Completion of bridge, rate of toll, and license tax. 2879. Persons exempt.

Application for leave to construct.

§ 2870. Every applicant for authority to construct a toll bridge must publish a notice in at least one newspaper in each county in which the bridge or any part of it is to be, or if no paper is published therein, in an adjoining county, once in each week for six successive weeks, specifying the location, the length and breadth of the bridge, and the time at which the application hereinafter required will be made. After notice is given application must be made to the board of supervisors of the proper county, at any meeting specified in the notice, for authority to construct it.

Enacted March 12, 1872.

Hearing application. § 2871. On the hearing, any person may appear and be heard. The board may take testimony, or authorize it to be taken by any judicial officer of the county; and it may adjourn the hearing from time to time. A copy of the articles of incorporation, certified by the secretary of state, or by the clerk where they are filed, must be attached to and filed with the application if made by a corporation.

Enacted March 12, 1872.

Articles of incorporation: See Civ. C. § 289 et seq. Action of board of supervisors.

§ 2872. If the board are of opinion that the public interests will be promoted thereby, it may, by the assent of a majority of all the members of the board, grant the application by an order entered in its minutes, and particularly describing the bridge. The applicant must cause a certified copy of the order, with a copy of the application, to be recorded in the office of the clerk of the county, before proceeding under it; provided, that the board of supervisors shall not have power to license bridges across the Sacramento or San Joaquin rivers, the Suisun Bay, or Carquinez Straits, the Petaluma, Napa, or Sonoma creeks, except at points above the head of navigation on said streams.

Amended March 14, 1878; amendts. 1877-8, p. 52.

123 Cal. 180.

Maintaining bridge without authority: See Pen. C. § 386. What board of supervisors may require.

§ 2873. The board of supervisors may, at the time of granting authority to construct a toll bridge, by order, require the bridge to be constructed within a certain time, to be of a certain width, character, or description, and to be constructed of certain materials, which order must be complied with by the owner or corporation constructing the same before license to take tolls is issued.

Enacted March 12, 1872.

Use of highways.

§ 2874. The corporation or bridge owner may use, in such manner as prescribed by the board, so much of any public road on either side of the stream or waters as may be necessary for constructing and maintaining the bridge and tollhouses. Enacted March 12, 1872.

123 Cal. 181.

How constructed over navigable waters.

§ 2875. All bridges constructed under this chapter crossing navigable streams must be so constructed as not to obstruct navigation, and must have a draw or swing of sufficient space or span to permit the safe, convenient, and expeditious passage at all times of any steamer, vessel, or raft which may navigate the stream or water bridged.

Enacted March 12, 1872.

79 Cal. 348.

Supervisors may regulate. § 2876. The board of supervisors may, by order, regulate and govern the amount of weight and number of animals that may be driven on to a toll bridge at any one time, and prescribe rules for the government of the draws or swings and attendance of the same, and prescribe penalties for disobedience of such rules.

Enacted March 12, 1872.

Protection of toli bridges: See Pol. C. § 2938.

Crossing toll bridge faster than a walk: See Pen. C. § 38S.

Channel of streams navigable by rafts to be kept clear.

§ 2877. Any one bridging a stream navigated or navigable must at all times keep the channel above and below the bridge clear from all deposits occasioned by its erection and prejudicial to such navigation, and is liable to pay to all persons unreasonably hindered or delayed in passing such bridge with rafts or vessels all damages sustained thereby.

Enacted March 12, 1872.

Completion of bridge, rate of toll, and license tax.

§ 2878. Every bridge erected under these provisions must have good and substantial railings or sidings, at least four and a half feet high. When a bridge is completed, and a certificate that it is so, and is safe and convenient for the public use, is signed by the commissioner of highways or president of the board of supervisors, and filed in the county clerk's office in the county or counties in which it is located, the directors or owner may erect a tollgate at such bridge, and require such tolls as the boards of supervisors of the county or counties from time to time prescribe. A license therefor must be issued by the auditor of

the county on giving the necessary bond and paying the license tax fixed therefor.

Enacted March 12, 1872.

Delinquent license tax: See "License Tax," statutes at large, Appendix, for act of March 21, 1872, relative to collection.

Persons exempt.

§ 2879. Any person going to or from a funeral, school, performing highway labor, or attending a military parade or court which by law he is required to attend as a witness in a criminal case, is exempt from the payment of tolls.

Enacted March 12, 1872.

Penalty for avoiding tolls.

§ 2880. Any person liable to pay toll forcibly or fraudulently passing the gate of a toll bridge without paying the toll is liable to a penalty of ten dollars in addition to the damages caused, to be recovered by the owner.

Enacted March 12, 1872.

See, also, Pen. C. § 389, for evasion of toll.

County may purchas toll bridge.

§ 2881. Within the same time, in like manner, and to the same effect as toll roads are purchased under the provisions of sections twenty-eight hundred and two and twenty-eight hundred and three, the county or counties, jointly acting, in which the same is situated, may purchase a toll bridge constructed under the provisions of this chapter.

Enacted March 12, 1872.

ARTICLE III.

Toll Ferries.

(See, also, l'ol. C. §§ 3378 and 4041.)

Application for leave to erect, and notice.

SEC. 2892.

2894.

2895.

Powers of board of supervisors.
Penalties, how disposed of.

Application for leave to erect, and notice.

§ 2892. Every applicant for authority to erect and take tolls on a public ferry must publish a notice in at least one newspaper in each county in which the ferry is or touches, or if there is no newspaper published therein, then in one published in an adjoin

ing county, and by posting three notices in three public places in the township for four successive weeks, specifying the location and the time and place when and where the application will be made. After notice is given application must be made in writing. under oath, to the board of supervisors of the proper county, the landings of the proposed ferry must be described, and the names of the owners thereof given, if known; and if the applicant is not the owner of the land, that notice of the application has been served on the owner thereof at least ten days prior to the application.

Enacted March 12, 1872.

Duty of board of supervisors.

§ 2893. At the hearing, proof of giving the notice, as required by the preceding section, must be made, and any person may appear and contest the application. If the board finds that the

ferry is either a public necessity or convenience, and that the applicant is a suitable person, and by reason of ownership of the landing or failure of the owner thereof to apply is entitled thereto, authority to erect and take tolls on the ferry may be granted to him for the term of twenty years.

Enacted March 12, 1872.

134 Cal. 625.

Maintaining ferry without authority: See Pen. C. § 386.

Failure to pay license tax: See act of March 21, 1872, "Licenses," statutes at large, Appendix, for proceedings to collect.

Powers of board of supervisors.

§ 2894. The board of supervisors may make all needful rules and regulations for the government of ferries and ferry keepers, prescribing :

1. How many boats must be kept, their character, and how propelled;

2. The number of hands, boatmen, or ferrymen to be employed, and rules for their government;

3. How many trips to be made daily;

4. When and under what circumstances to make trips in the nighttime;

5. Who may be ferried free of toll;

6. In what cases of danger or peril not to cross;

7. Penalties for violation of regulations;

8. In case of steamboats, the rate of speed;