dition, and that the keeper will faithfully comply with the laws of the state and all legal orders of the board of supervisors regulating the same, and pay all damages recovered against him by any person injured or damaged by reason of delay at or defect in such bridge or ferry, or in any manner resulting from a noncompliance with the laws or lawful orders regulating the same. The bond must be approved by the president and filed with the clerk of the board of supervisors. En. March 12, 1872. Violating conditions of undertaking to keep ferry is misdemeanor: Pen. C., sec. 387.

WHEN BRIDGE UNITES TWO COUNTIES.

Sec. 2851, Pol. C. The license tax for a ferry or bridge connecting two counties must be paid to the treasurer of the county granting it, and the license issued by the auditor thereof; but the treasurer of such county must pay to the treasury of the county in which the other end or landing of the bridge or ferry is located one-half the sum so received annually, or the auditor may issue the license on filing with him receipts for their respective halves of the tax taken from the treasurer of each of the two counties. En. March 12, 1872.

Delinquent bridge or ferry license tax, proceedings to collect instituted after thirty days: See Stats. 1872, p. 539.

SUPERVISORS SHALL NOT ACT IF INTERESTED.

Sec. 2852, Pol. C. When a supervisor is interested in an application to erect, construct, or take tolls, or alter tolls on a bridge or ferry, he shall not act in any of such matters. En. March 12, 1872. Amd. 1880, 23.

Legislative History.

The original provided that when a supervisor was interested as above that the county judge should act in his stead.

TOLL BRIDGE OR FERRY WITHIN ONE MILE OF ANOTHER, WHEN.

Sec. 2853, Pol. C. No toll bridge or ferry must be established within one mile immediately above or below a regularly established ferry or toll bridge, unless the situation of a town or

village, the crossing of a public highway, or the intersection of some creek or ravine renders it necessary for public convenience. In addition to the public notice hereinafter required, notice of intention to apply for authority to erect a toll bridge or ferry, as in this section provided, must be served upon the proprietor of the ferry or toll bridge already established at least ten days prior thereto, giving the time and place and grounds of such application. En. March 12, 1872.

Section Cited.

Fortain v. Smith, 114 Cal. 496, 46 Pac. 381; Van Harlingen v. Doyle, 134 Cal. 58, 66 Pac. 44.

Annotation.

Establishment of Competitive Toll Bridge.-At common law, no bridge or ferry could be erected so near another, bound by law to provide attendance, crafts, etc., as to draw away its profits, notwithstanding the second is free to the public. (Norris v. F. & T. Co., 6 Cal. 590, 65 Am. Dec. 535. To same effect: Ward v. Sevrance, 7 Cal. 129; Cal. St. Tel. Co. v. Alta Tel. Co., 22 Cal. 423. Note citations: 44 Am. Dec. 92; 89 Am. Dec. 497.)

Constitutionality of Section.-The provisions of this section are not in conflict with those sections of the Constitution prohibiting the granting of special privileges or immunities, or prohibiting special laws granting any special or exclusive right, privilege or immunity, or prohibiting special laws chartering or licensing ferries, bridges or roads. (Fortain v. Smith, 114 Cal. 494, 46 Pac. 381. Affirmed: Van Harlingen v. Doyle, 134 Cal. 58, 66 Pac. 44.)

OWNER OF LAND PREFERRED TO BUILD BRIDGE OR FERRY. Sec. 2854, Pol. C. The owner of land on either side of the waters to be crossed, and the owner of the land on the left bank descending over the owner of land on the right bank, is entitled to preference in procuring authority to construct a bridge or ferry; but where such owner fails or neglects to apply for such authority within a reasonable time after the necessity therefor arises, the board of supervisors may grant such authority to another.

Legislative History.

This section is drawn from sections 5 and 8 of the act of 1855 (Stats. 1855, p. 183).

Annotation.

Under the Act of 1855.-Under this act the owner of land on either or both sides of a stream has not an unqualified right to a ferry license; nor has the owner of land on one side any preference over one claiming or in possession of land on the other side. The holder of lands is put on the same footing, as to the ferry privilege, as the owner. (Henshaw v. Supervisors, 19 Cal. 150.)

The board of supervisors has jurisdiction over the subject matter of granting and renewing ferry license. (Finch v. Supervisors, 29 Cal. 453.)

HOW LANDS ARE ACQUIRED FOR USE OF BRIDGE OR FERRY. Sec. 2855, Pol. C. When there are lands necessary for the construction, erection, or use of such bridge or ferry which cannot be procured by agreement between the owner or corporation and the land owner, the right of way and all other lands necessary for the use and construction or erection thereof may be acquired by condemnation. En. March 12, 1872.

MUST POST RATES OF TOLL.

Sec. 2856, Pol. C. Every licensed toll bridge or ferry must have the rates of toll, as fixed by the board of supervisors, printed or written, posted up in some conspicuous place on or near the bridge or ferry. En. March 12, 1872.

REVENUE DERIVED FROM LICENSE, HOW DISPOSED OF. Sec. 2857, Pol. C. The proceeds of the license tax on ferries. and toll bridges must be paid into the county treasury for the use of roads and highways, or may be used by the board of supervisors at any time in the purchase of toll roads and toll bridges. En. March 12, 1872.

TO KEEP BANKS IN REPAIR.

Sec. 2858, Pol. C. 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. En. March 12, 1872.

§ 2877.

§ 2878.

§ 2879.

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

LEAVE TO CONSTRUCT.

APPLICATION FOR Sec. 2870, Pol. C. 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. En. March 12, 1872.

HEARING APPLICATION.

Sec. 2871, Pol. C. 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. En. March 12, 1872. Articles of incorporation: See sec. 289 et seq., C. C., ante.

ACTION OF THE BOARD OF SUPERVISORS.

Sec. 2872, Pol. C. 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. En. March 12, 1872. Amd. 1878, 52.

WHAT THE BOARD OF SUPERVISORS MAY REQUIRE.

Sec. 2873, Pol. C. 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 of the corporation constructing the same before license to take tolls is issued. En. March 12, 1872.

USE OF HIGHWAYS.

Sec. 2874, Pol. C. 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 toll-houses. En. March 12, 1872.

Section Cited.

Chico Bridge Co. v. Sacramento Tr. Co., 123 Cal. 181, 55 Pac. 780.

Annotation.

Construction of Section.-This section authorizes the use and empowers the board of supervisors to prescribe the manner of use of so much of the public road or approach to the bridge as is necessary in the construction and maintenance of the bridge. (Chico Bridge Co. v. Sacramento Tr. Co., 123 Cal. 181, 55 Pac. 780.)

Corporation Laws-37