and all other damages; and any party so aggrieved may sue and recover the same in Damages. 3078. SEC. 16. The person or persons obtaining an order granting to him or them Bond the privilege of keeping a ferry or toll-bridge, shall within thirty days from the date of such order execute a bond payable to the State of California, in a penal sum to be fixed by the board of supervisors, with one or more sureties to be approved by the county judge, conditioned that he or they will keep such ferry or toll-bridge in good repair and condition, according to law, and that he or they will give passage to all public messengers and expresses when required, without fee or reward, and conditioned further that the obligors will pay to any person delayed, injured or damaged, by reason of any defect or insufficiency, or want of suitable repair of said ferry or bridge, all damages that such persons may recover therefor in any court of competent jurisdiction, which bond shall be filed with the county clerk and may be proceeded Where filed. on by any party injured by any breach of the conditions thereof in the same manner as appeal bonds; and if any party obtain an order granting a ferry or bridge privilege, shall neglect or refuse to give such bond, he or they shall forfeit the right to Refusal to givo said ferry or toll-bridge privilege. bond. 3079. SEC. 17. When the board of supervisors refuse to grant a license, or a re- License from newal of a license to keep a ferry or toll-bridge to any person to establish a ferry or county judge. toll-bridge, the person making such application according to law shall have the right to apply to the county judge of the county in which the ferry or bridge is sought to be established is located, for such license during any regular term of the county court for such county, and the county judge may in his discretion grant such license in accordance with the provisions of this act. section 1. 3080. SEC. 18. Any person who shall violate the first section of this act shall Violating be deemed guilty of a misdemeanor, and may upon conviction be punished by fine 7 Cal. 126. not exceeding five hundred dollars for the first offense, and for the second offense in addition thereto, shall be imprisoned in the county jail not exceeding thirty days. 3081. SEC. 19. The board of supervisors shall establish the rates of toll to be charged Rates of toll. and received for crossing all licensed ferries and toll-bridges, but such tolls shall not be fixed at a rate so low as to make the net income to the owners thereof less than twenty-four per cent. per annum on the assessed taxable value of such ferry or tollbridge, and such rates shall be posted up, either written, printed or painted, at each licensed ferry or toll-bridge in the State, by the owner thereof. Any questions arising as to the cost of keeping and maintaining any such ferry or toll-bridge, or of the revenue thereof, shall, if the board of supervisors and the owners thereof disagree as to the amount, be at once submitted to three commissioners, chosen as follows: One by the board of supervisors, one by the owners of such ferry or toll-bridge, and the third by the two so chosen; and the verdict of such commissioners, or a majority thereof, upon the evidence submitted, shall be final and conclusive as to such question or questions.(") [Amendment, approved April 27, 1863, 758. free. 3082. SEC. 20. All expresses sent on public service by a commander-in-chief, colo- Persons to pass nel, or major, or from the governor for the time being, or the commanding officer of the militia, shall be accounted public messengers or expresses, and shall pass all ferries or toll-bridges free of charge, within the condition of the bond aforesaid, if the dispatch carried by such messenger or expresses be indorsed "Public Service," and be signed by the person sending the same, but no ferryman or toll-bridge keeper shall be bound to give passage free to any such expresses in time of peace except in case of insurrection. ferrymen. 3083. SEC. 21. Each licensed ferry-keeper shall constantly keep a good and suffi- Obligations of cient boat or boats (if more than one be necessary), with a sufficient number of able and skilful ferrymen, as may be directed by the board of supervisors, and give due attendance to the said ferry or ferries, and to the transportation of all persons with their property, who shall apply for the same between daylight in the morning and dark in the evening, so that no unnecessary delay may happen to persons having occasion to pass such ferry; and all licensed ferry or toll-bridge keepers shall be obliged at any hour of the night, if required, except in cases of evident danger, to give passage to all expresses above recited, and to all other persons requiring the same, on their () The original section was the same, with the exception that it did not contain the second clause respecting obstructions, commencing with the words, "and any person or persons who shall wilfully obstruct." (*) Original section: SEC. 19. The board of supervisors shall establish the rates of tol! to be charged and received for crossing all licensed ferries and toll-bridges, which rates shall be posted up, either written, printed or painted, at each licensed ferry or toll-bridge in the State, by the owner thereof. Banks of streams 5 Cal. 360. Bridging without license. Power to revoke license. Costs. Power of county judge. Moneys for license. Existing licenses. 7 Cal. 286. Renewals. San Francisco. Penalty. Misdemeanor. tendering or paying the rate of toll or ferriage allowed to be taken during the day-time. 3084. SEC. 22. It shall be the duty of all ferry and toll-bridge keepers to cause the banks of the streams to be graded and kept in good passable order for the passage of loaded wagons and other vehicles. 3085. SEC. 23. The board of supervisors may in their discretion and under restrictions herein before prescribed, establish and license ferries or bridges over streams that are otherwise impassable for short periods at particular seasons, without the payment of license tax, if said board shall be satisfied that the profits of such ferry or tollbridge will not justify the owner in paying a tax therefor, but every ferry or tollbridge so established under the provisions of this section shall be subject to all the rules, regulations, and restrictions of this act, except the payment of a license-tax. 3086. SEC. 24. If any ferry which now is, or may hereafter be established, shall not be furnished with the necessary boat or boats and ferrymen within one month after the establishment thereof and continue to be so furnished, or if the proprietor shall at any time thereafter refuse or neglect to properly attend to the same, it shall be the duty of the board of supervisors for the county wherein such ferry is located on complaint to them made and verified by the oath of any citizen of the county, to cause the proprietor or proprietors of such ferry to be summoned to appear before said board at its next sitting to show cause why the license for such ferry should not be revoked, and the board of supervisors shall revoke such license or dismiss such complaint on hearing the testimony adduced, and may award cost against the complainant or proprietor or in their discretion apportion the costs. 3087. SEC. 25. When any member of the board of supervisors is interested in the establishment or continuation of any ferry or toll-bridge, and in counties where no such board is organized, the county judge of the county in which the application is required to be made, shall have and exercise under the same obligation and restrictions the powers and duties devolved upon the board of supervisors by this act. 3088. SEC. 26. All moneys assessed and collected for ferry or toll-bridge licenses shall be paid into the county treasury for county purposes. 3089. SEC. 27. Each and every person to whom a license to keep a ferry or toll-bridge has been granted by the court of sessions or district judge of any of the counties of this State, which license was unexpired on the first Monday in February, A. D. 1855, and the assignee or assignees of such as have transferred the franchise are, and each and every of them is hereby licensed to keep a ferry or toll-bridge according to the grant of their respective franchise until the first Monday of June next, and any person or persons to whom a license to keep a ferry or toll-bridge is hereby granted, who shall have kept the same in accordance with law, shall be entitled to have such license renewed from the date of the expiration of the same, for a period of not less than six months nor more than one year, having posted notices of intention to apply for such renewal in the same manner as required on an original application. SEO. 28. An act entitled an act concerning public ferries and toll-bridges, passed May 15, 1854, is hereby repealed. An Act to amend the foregoing act. Approved March 18, 1864; 1863-4, 192. [SECTIONS 1 and 2 contain the amendment to Secs. 9 and 10 of the act of April 28, 1855, therein inserted.] 3090. SEO. 3. This act, or the one to which it is amendatory, shall not apply to the City and County of San Francisco. SEO. 4. This act shall take effect and be in force from and after its passage. An Act supplementary to the foregoing act of April 28, 1855. Approved February 14, 1861, 18. 3091. SECTION 1. Every person who shall ride, or drive, faster than a walk, on, or over, any toll-bridge lawfully licensed, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in the sum of ten dollars. 3092. SEC. 2. Every person, not exempt by law from paying tolls, who shall pass over any toll-bridge lawfully licensed, without paying the legal toll, and with intent to avoid paying the same, or having passed over any toll-bridge lawfully licensed, shall wilfully refuse to pay the legal toll, shall be deemed guilty of a misdemeanor, and shall, on on conviction thereof, be fined in the sum of ten dollars. 3093. SEO. 3. The fines recovered under this act, shall be paid into the county Disposition of treasury, for the benefit of the road district in which the toll-bridge is situated. An Act supplemental to an act concerning public ferries and toll-bridges, passed April 28, 1855, and the several acts amendatory thereof and supplemental thereto. Approved April 15, 1862, 247. fines. ferries. 3094. SECTION 1. The board of supervisors of each county in this State shall have Supervisors to have power to power to grant a license to construct a toll-bridge across any stream, not navigable, in license tolltheir county, and for using and maintaining such bridge for a period not exceeding bridges and twenty years, or to grant a license to keep, use, and maintain a public ferry across any river or stream, for a period not exceeding ten years; and said board shall have power to prescribe the rates of toll, and change the same from year to year, as in their discretion may seem proper; but previous to the first day of January, eighteen hundred and seventy-three, they shall not fix said rates so low as to make the net income less than twenty per cent. per annum upon a fair valuation of such bridge or ferry and franchise; and thereafter, not less than ten per cent. per annum upon such valuation, which shall be made at the time in each year when the tolls are fixed. Said board shall have the power to authorize and maintain fords across any stream so bridged, as near to any such toll-bridge as in the discretion of said board the public convenience may require. All the provisions of the act to which this act is supplemental, except that which limits to one year the time for which a license may be granted for a tollbridge, shall apply to grants made under this act. Said valuation, in case of a disagreement as to the amount of the same, shall be determined by three commissioners, one of whom shall be chosen by said board of snpervisors, one by the owners of said bridge, and the third to be selected by the two thus chosen. At any time after the expiration of five years from and after the granting of any such license or franchise, the person or persons to whom the same shall have been granted shall be required to sell, transfer, and convey said bridge, together with the appurtenances thereto belonging, to the county from whose supervisors said license or franchise may have been obtained, upon a demand being made to that effect by said board of supervisors, and upon the payment or tender to said person or persons of the appraised value thereof, with ten per cent. added, exclusive of the value of the franchise. On the purchase of the said bridge, it, together with the franchise, shall vest in said county. Said appraisement shall be made by five commissioners, to be chosen in the following manner: The board of supervisors of said county shall appoint two commissioners, and notify the grantees or their assigns of such appointment, who, within ten days after the receipt of such notice, shall appoint two commissioners, and notify said board thereof; the four commissioners so appointed shall select a fifth; but in case of their inability to agree upon such fifth commissioner within ten days, he shall be appointed by the county judge of said county. In case of the failure of the grantees or their assigns to appoint commissioners on their part, as above provided, or in case of their refusal to act, the county judge shall have the power of appointing them. Said commissioners shall make their appraisment and present their report within thirty days after the completion of the commission, and file the same in the office of the board of supervisors. A majority of said commissioners shall constitute a quorum, and the award of the majority shall be final and binding upon said grantees, if the said report be approved by said board of supervisors; and upon such approval, the amount of the award shall be paid by the treasurer of the county to the grantees or their assigns, within sixty days after the filing of said award. And the said board of supervisors shall have the further power to prescribe rules and regulatious governing the amount of weight or number of animals that may be drove or driven on any such bridge at any one time; and any person refusing to comply with said rules and regulations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine, not less than ten nor more than five hundred dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment.(") [Amendment, approved April 27, 1863, 720; took effect from passage. (*) Original section: SEC. 1. The board of supervisors of each county of this State shall have the power to grant a license to construct a toll bridge across any unnavigable stream in their county, and for using and maintaining such bridge for a period not exceeding ten years; and said board shall have the power to prescribe the rates of toll, and change the same from year to year, as in their discretion may seem proper; but shall not fix them so low as to make the net income less than fifteen per cent. per annum upon a fair valuation of such bridge. The board shall have the power to authorize and maintain fords across any stream so bridged, as near to any such toll-bridge, as, in the discretion of the board, the public convenience may require. Ali the provisions of the act to which this is supplemental, except that which limits to one year the terms for which a license may be granted for a toll-bridge, shall apply to all grants made under this act. Said valuation, in case of a disagreement as to the amount of the same, shall be deter mined by three commissioners, one of whom shall be chosen by the board of supervisors, one by the owners of said bridge, and the third to be selected by the two thus chosen. Office of Duties of fire marshal Marshal to investigate cause of fire. Proviso. Further duties. Property saved from fire. Expense of saving property Fire Marshal. An Act to provide for the prevention of conflagrations and the protection of property saved from fire in the City and County of San Francisco. Approved April 1, 1864; 1863-4, 299. 3095. SECTION 1. It shall be lawful for the board of fire underwriters in the City and County of San Francisco to nominate, and, with the approval of the board of police commissioners, to appoint an officer, to be known as the fire marshal, who shall serve for one year, unless sooner removed, as provided in this act. He shall execute a bond to the State of California in the sum of five thousand dollars, conditioned for the faithful discharge of his duties, with two sureties, to be approved by the county judge, and his salary shall be fixed from time to time and paid by said board of underwriters. Any person aggrieved by any misconduct of said officer may bring an action in his own name on such official bond, to recover any damages sustained by him. 3096. SEC. 2. It shall be the duty of said officer to attend at all fires that may occur in said city and county, with a badge of office conspicuously displayed, upon which his official title shall be legibly printed, and he shall take possession of all property saved from fire for which no owner can be found, shall, as far as practicable, prevent property from being injured at fires, and regulate and direct, when necessary, the removal of goods, merchandise, and other property, to a place of safety. He shall also exercise the functions of a peace-officer of said city and county. Any person who wilfully hinders or obstructs said officer in the performance of any of the duties of his office shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by imprisonment in the county jail for not more than three months, or by fine not exceeding five hundred dollars. 3097. SEC. 3. It shall be the duty of the fire marshal to institute investigations into the cause of such fires as occur in said city and couuty, and for this purpose he shall have power to issue subpoenas and administer oaths, and compel the attendance of witnesses before him by attachment and otherwise. All subpoenas issued by him shall be in such form as he may prescribe, and shall be directed to and served by any police-officer, or by any peace-officer of said city and county. Any witness who refuses to attend or testify in obedience to such subpoena shall be deemed guilty of contempt, and be punishable by him as in cases of contempt in justices' courts in civil cases; provided, that said officer shall not have jurisdiction to try any person charged with commission of a crime for the purpose of inflicting punishment therefor, but shall make a written report of the testimony to the district attorney or assistant district attorney, and institute criminal prosecutions in all cases in which there appears to him to be reasonable and probable cause for believing that a fire has been caused by design. 3098. SEC. 4. It shall be the duty of the fire marshal to aid in the enforcement of the fire ordinances of said city and county, and for this purpose to examine all buildings in process of erection, and institute prosecutions for all violations of the ordinances of the city and county which relate to the erection, alteration, and repairs of buildings, and the prevention of fires. He shall exercise such additional powers as may be conferred by the ordinances of said city and county. 3099. SEC. 5. Any person who saves from fire, or from a building endangered by fire, any article of personal property, who wilfully neglects, for two days, to give notice to the fire marshal or to the owner of his possession thereof, shall be deemed guilty of grand or petit larceny, as the case may be; and any person who shall be guilty of false swearing in any investigation referred to in section second shall be deemed guilty of perjury, and liable to punishment as in other cases. 3100. SEC. 6. No person shall be entitled to any property in the hands of the fire to be paid before marshal saved from fire until the actual expenses paid by said officer for saving and delivery. keeping the same shall be paid to him, such expenses to be determined, in case of dispute, by the police judge of said city and county. 3101. SEC. 7. It shall be lawful for said board of underwriters at any time to remove said fire marshal, and to fill any vacancy in said office caused by such removal, or by resignation, death, or absence from the city, in the same manner as provided in section first of this act. SEO. 8. This act shall take effect immediately. Firemen. [An Act to exempt firemen from militia service and jury duty, passed January 28, 1851, 401, was repealed by act approved May 3, 1852, 107.] An Act to exempt firemen from militia service and jury duty. Approved March 25, 1859, 59. 3102. SECTION 1. The officers and members of any fire company, regularly attached Firemen exempt from military to the fire department, of any city, town or village within the State, organized accord- and jury duty. ing to ordinance of such city, town or village, shall be exempt from militia service and jury duty, except as hereinafter provided. 3103. SEC. 2. The officers and members of any company in said fire department Exceptions, shall be exempt from military duty, except in case of war, invasion, or insurrection. 3104. SEC. 3. It shall be the duty of each person claiming exemption from military Certificate of or jury duty, under the provisions of this act, to produce, if required by the officer membership. serving a jury or militia notice, a certificate of his active membership to the fire department or company to which he is attached, signed by the chief engineer, secretary of the board of delegates of the fire department, foreman of the company, or chief magistrate of the city, town or village. 3105. SEC. 4. The officer serving the jury summons or militia notice, may require Duty of officer in the oath of the party summoned or notified, before any magistrate, that he has not serving notice. resigned, been expelled, or forfeited his membership of the company or department, since the date of his certificate. members to 3106. SEC. 5. There shall not be allowed to any engine company more than sixty- Number of five certificate members; to any hose company more than twenty-five certificate mem- each company. bers; to any hook and ladder companies more than sixty-five certificate members. 3107. SEC. 6. Any member who shall have served as an active fireman for the Exempt firemen period of five years, and shall produce a certificate of the same, signed by the chief engineer, secretary of the board of delegates of the fire department, or other officers to whom such duty may be assigned, shall be entitled to receive a certificate as an exempt fireman, which shall forever release him in this State from jury duty or militia service. this act. 3108. SEC. 7. All persons who have served as active firemen in companies duly or- Privileges under ganized according to the provisions of this act, subsequent to the first day of January, Anno Domini, one thousand eight hundred and fifty-three, shall be entitled to date their term of five years service from the date of their becoming certificate members; provided, that the service that shall entitle such person to the exemption herein pro- Proviso. vided, shall not date prior to the first day of January, one thousand eight hundred and fifty-three. Stockton. 3109. SEC. 8. The fire department of the City of San Francisco shall at no time be Fire department of San Francisco. allowed more than twenty companies; the City of Sacramento more than ten com- Sacramento, panies; the City of Marysville more than five companies;(") the City of Stockton more Marysville. than five companies. Nor shall there be allowed in any other cities, towns or villages more than one company for each one thousand inhabitants; provided, always, that Proviso as to one company shall be allowed in any city, town or village where the population is less other cities, etc. than one thousand. An Act supplementary to the foregoing act of March 25, 1853. Passed May 6, 1854, 155. unincorporated 3110. SECTION 1. When fire companies are formed in unincorporated and unorgan- Exemption of ized towns and villages, the members thereof shall be entitled to all the rights and firemen in privileges of "An Act to exempt firemen from militia service and jury duty," passed towns. March twenty-fifth, eighteen hundred and fifty-three. 3111. SEC. 2. Companies hitherto formed, and that may be formed in such unin- Duty of corporated and unorganized towns and villages, shall deposit with the justice of the fire companies. peace of such town or village, a certificate in writing, containing the date of the organization of such company, the company's name, and the name of its officers, and the roll of the active and honorary members thereof, which certificate shall be evidence of the existence of such company. The certificate required in this section, shall be renewed every six months. (*) The City of Marysville is allowed ten companies See act of March 29, 1856, 65, and act of March 3, 1357, 40, Art. V., Sec. 9. |