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conviction thereof before a Court of competent jurisdiction shall be fined not less than one hundred or more than five hundred dollars, or imprisoned in the jail of the City and County of San Francisco not less than thirty nor more than ninety days; provided, that nothing herein shall be construed to prevent or interfere with the construction of works now in progress in connection with the Oakland Harbor. (Amendment, approved February 28, 1876; Amendments, 1875-6, 32; took effect from passage.)
An Act authorizing and directing the Board of State Harbor
Commissioners to reduce or abolish the rate of dockage, wharfage, and tolls.
[Approved March 30, 1872; 1871-2, 797.]
Reduction of rates of dockage, wharfage, and tolls.
SECTION 1. The Board of State Harbor Commissioners are hereby authorized and directed to reduce the rates of dockage, wharfage and tolls, or to abolish the same, or any of them, and shall, on or before the first day of March, A. D. eighteen hundred and seventy-two, reduce the same, so that the rates thereafter to be charged and collected shall not exceed fifty per cent. of the rates charged at the date of the passage of this Act.
Sec. 2. Whenever the Board reduces the rates of dockage, wharfage, or tolls below the present rates, they may make a proportionate reduction on the monthly payments on all leases of the water front leased by said Board.
SEC. 3. This Act shall take effect from and after its passage.
Reduction on leases.
Extracts from an Act concerning the State Harbor Commissioners,
and for other purposes.
Harbor of San Francisco.
[Approved March 30, 1874; 1873-4, 910.] SECTION 1. The Harbor of San Francisco is hereby placed under the control of the Board of State Harbor Commissioners, and they are authorized to regulate the position of ships, their moorings and anchorage, and generally to make rules and regulations concerning them, with power to enforce
the same as fully as that formerly used and exercised by the Harbor-master of the City and County of San Francisco.
Sec. 2. The Commissioners shall keep the routes of the Routes of ferry boats, passing in and out of said harbor, free and open at all times, so that ferry boats can conveniently make their trips without impediment on the part of vessels at anchor, or other obstacles.
RULES AND RESTRICTIONS RESPECTING THE USE OF HIGHWAYS.
SECTION 2634. Every gas, water, or railroad corporation Gas, water, has power to lay conductors and tracks through the public corporations ways and squares in any city, village, or town, when it is down con established, with the consent of the municipal authorities track. thereof, and under such reasonable regulations as the authorities and the law prescribe.
SECTION 2635. The cases and manner in which railroad, Other plank road, turnpike, and common wagon road corporations may acquire
right of way. may acquire a right of way upon the public highways, are provided for in the subsequent chapters of this Code, in title seven, part three, of the Code of Civil Procedure, and under title “Corporations” of the Civil Code.
PERFORMANCE OF HIGHWAY LABOR AND COMMUTATION.
SECTION 2681. Corporations or other employers of resi- Employers dents in any highway district are responsible for the road for highway poll tax assessed against their employés, and a notice to the assessed to employer or managing agent, requiring the payment of the road poll tax of the employé, charges such employer or corporation with such road poll tax.
LAYING OUT, ALTERING, AND DISCONTINUING ROADS.
SECTION 2713. Whenever highways are laid out to cross roads, canals, 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.
WHARVES, CHUTES, AND PIERS.
SECTION 2906. The Boards of Supervisors of every county to authorize in this State may grant authority to any person or corporation
to construct a wharf, chute, or pier on any lands bordering on any navigable bay, lake, inlet, 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 twenty years. Application, Sec. 2907. Application therefor must be made by pubcontain and lishing notice, as required in section two thousand eight how made.
hundred and ninety-two, and filing a petition, in writing, containing:
1. The name and residence of the applicant; and if a corporation, a certified copy of the articles of incorporation:
2. A map of the waters, and the name and location thereof, and of the adjoining lands;
3. The plan of the wharf, chute, or pier proposed to be constructed, and of the land within three hundred feet thereof;
4. The names of the owners of the lands, and the quantity thereof sought to be used, and whether the right to use the same is or is to be acquired by the applicant;
5. The distance it is proposed to extend the wharf, chute, or pier into the waters;
6. The estimated cost of the construction of the wharf, chute, or pier; and
tion to con
to lands not
tives of cer
7. The time when the application will be made.
SEC. 2908. When any lands are sought to be appropriated what petiand used for a wharf, chute, or pier, of which the applicant tain, relative is not the owner, or the right of way and use thereof has not owned by been obtained by agreement, these facts, and the particular description of such land, must be set forth in the petition of the applicant, and a copy of the notice of application must be served on the owner thereof by the Sheriff of the county, whose official return is conclusive evidence of service, at least ten days prior to the appointed day set for the hearing of the same.
Sec. 2909. When the owner of the land is a non-resident Notice to be of the county, it is service of notice for the Sheriff to leave a representacopy with the occupant or agent of the owner; if none, then tain persons. to place a copy in the post-office, addressed to the owner, thirty days prior to the day set for the hearing. If the owner is a minor, insane, idiot, or decedent, notice must be served on the guardian, administrator, or other legal representative of such person.
Sec. 2910. On the day named in the notice, or to which Board to the hearing is adjourned, the Board of Supervisors must and may hear proof of publication and service of notice; if satis- authority. factory, 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 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 toll for the use of the same for the term of twenty years.
Sec. 2911. The grant of authority made by the Board of Overflowed Supervisors, as provided in the preceding section, conveys to granted. 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.
SEC. 2912. The grant of authority herein provided for One hundred carries with it the right to have unincumbered and unob- on each side
of wharf, etc. structed the land and water on each side of the wharf, chute,
or tide lands
How to obtain use of lands.
feet in width.
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.
SEC. 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. Serenty-five SEC. 2914. The wharf, chute, or pier must not be of a
greater width than seventy-five feet, and may extend to navigable water, but not so far as in anywise to impede or obstruct the free navigation of the water on which the same
is situated. Franchise, SEC. 2915. The orders granting authority, and agreements, coustitute. 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.
SEC. 2916. The Board of Supervisors must fix the rate of Supervisors
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. (Amendment, approved March 24, 1876; Amendments, 1875-6, 52; took effect immediately.)
SEC. 2917. When the wharf, chute, or pier is completed, and the tolls or wharfage fixed, the owner is entitled to a
to fix rate of tolls, etc.
License, and the tax for.