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Lien to attach.

To take effect.

Lawful fences.

Damages.

Proviso.

a lien shall attach on the land, and notice of such lien shall be filed in the county recorder's office, as provided by law for mechanics' liens, such claim from the time of filing shall draw interest at the rate of fifteen per cent. per year.

SEC. 3. This act shall be in force from its passage.

FENCES IN SAN BERNARDINO, COLUSA, SHASTA, TEHAMA, PLACER, AND YUBA COUNTIES.
An Act concerning lawful fences in the Counties of San Bernardino, Colusa, Shasta, Tehama
and Placer.
Approved April 18, 1859, 279.

3050. SECTION 1. In the Counties of San Bernardino, Colusa, Shasta, Tehama, and Placer, every inclosure shall be deemed a lawful fence, which is four and one-half feet high, if made of stone, and if it be made of rails, five and one-half feet high; if the fence be a post and rail fence, or a picket fence, it shall be constructed of posts of reasonable size and strength, firmly set in the ground, not more than twelve feet apart and not more than eight feet apart, if it be a board fence; the nails, boards, or pickets, to be of reasonable size and strength, securely fastened to the posts, to the height of four and a half feet, and reasonably close; if a picket fence, the pickets, also, to be strongly nailed to a rail above, and one below, or driven into the ground and nailed to a rail above, reasonably close; if a ditch fence, the ditch to be at least two and a half feet deep, and three feet wide at the top, the embankment to be either on the inside or outside of the inclosure, with a rail, board, or picket fence on the embankment, to the height of three feet, or any other kind of fence equivalent in height, quantity and strength, to the above kind of fences, are hereby declared lawful fences in said counties.

3051. SEC. 2. If any horse, mule, jack, jenny, hog, sheep, goat or any head of neat cattle, should break into any ground inclosed by a lawful fence, the owner or manager of such animal shall be liable to the owner of such inclosed premises for all damages sustained by such trespass; and if the trespass be repeated, by neglect of the owner or manager of such animals, he shall for the second and every subsequent Double damages. Offense or trespass, be subject to double the damages of such trespass, to the owner of said premises; provided, also, that the owner of any premises, inclosed by a lawful fence, may take up, and safely keep, at the expense of the owner thereof, any such animal, or animals, trespassing thereon, and if such animal, or animals, shall not be applied for, by the owner thereof, and such damages be paid, within ten days after such taking up, the same may be posted and disposed of, under the estray law of the State; and, before restitution shall be had by the owner of such animal, or animals, in any case, all damages done by them, and all expenses of pasturing, keeping, and disposing of them, shall be paid.

Partition fences.

May collect

cost.

On the line.

In repair.

3052. SEC. 3. When a fence shall have been erected by any person, on the line of his land, or that for which he may have a lease for one year, or more, and the person owning the land adjoining thereto, or holding a lease of the same for one or more years, shall make, or cause to be made, an inclosure on the opposite side of such fence, so that such fence may answer the purpose of inclosing his ground also, such person shall pay the owner of such fence, already erected, one-half of the value of so much thereof as serves as a partition fence between them.

3053. SEC. 4. When two or more persons own land adjoining, which is inclosed by one fence, and it becomes necessary, for the protection of the right and interest of one party, that a partition fence should be made between them, the other, or others, when notified of the fact, shall proceed to erect, or cause to be erected, one-half of such partition fence, such fence to be erected on (or as near as possible) the division line of such land; and if, after notice is given by either party, and a reasonable time has elapsed, and the other party persist in refusing to erect one-half of such fence, the party giving such notice may proceed to erect the entire partition fence, and collect, by law, the proportional share of the cost of such fence, from the party, or parties, so refusing to build his or their respective portions thereof.

3054. SEO. 5. All partition fences, separating adjoining inclosures, shall stand upon the line, and any person, or persons, when erecting a partition fence, and refusing to place it on the line dividing such lands, or remove it to such line, when erected otherwise than thereon, shall subject himself to one-half the cost of the removal, and erection thereof in the right place.

3055. SEO. 6. The respective owners, or lessees, of lands which now are, or hereafter may be, inclosed with fences, and their successors in interest therein, shall keep

up and maintain, in good repair and condition, all partition fences, between their own and the next adjoining inclosures, in equal shares.

inclosure.

3056. SEC. 7. When two or more persons shall agree to cultivate lands, under one Under one inclosure, neither of them shall place, or cause to be placed, any stock or animals on his, her, on their ground, to the injury or damage of the other, or others, but, for a violation of this provision, shall be liable for all damages thus sustained by the other, or others, and for a repetition of such violation, after due notice be given, and for every subsequent repetition, double damages shall be recovered; it shall not be necessary to prove an express agreement to cultivate under one inclosure, but the fact of such cultivation shall be sufficient evidence of such agreement.

SEC. 8. All acts or parts of acts, inconsistent with the provisions of this act, are Repealing clause. hereby repealed, so far as they relate to the Counties of San Bernardino, Colusa, Shasta, Tehama and Placer.

An Act to extend the provisions of the foregoing act of April 15, 1859.

Approved April 20, 1863, 857.

3057. SECTION 1. The provisions of an act concerning lawful fences in the Counties Yuba County. of San Bernardino, Colusa, Shasta, Tehama, and Placer, are hereby extended to the County of Yuba.

SEC. 2. This act shall take effect on and after its passage.

FENCES IN TUOLUMNE COUNTY.

An Act concerning fences in Tuolumne County.

Approved April 4, 1864; 1863-4, 475.

regulation of

3058. SECTION 1. When a fence shall hereafter be erected by any person on the line Partition fences, of his land, or that for which he may have a lease for one or more years, and the person owning the land adjoining thereto, or holding a lease on the same for one or more years, shall make or cause to be made an inclosure on the opposite side of such fence, so that such fence may answer the purpose of inclosing his ground also, such person shall pay the owner of such fence already erected one-half the value of so much thereof as serves as a partition fence between them.

3059. SEC. 2. When two or more persons own land adjoining which is closed by Partition fence. one fence, and it becomes necessary for the protection of the rights and interests of one party that a partition fence should be made between them, the other or others, when notified of such fact, shall proceed to erect or cause to be erected one-half of such partition fence, said fence to be erected on or as near as practicable the line of said land; and if, after notice is given by either party, and a reasonable length of time has elapsed, and the other party persists in refusing to erect or cause to be erected onehalf of such fence, the party giving notice may proceed to erect or cause to be erected the entire partition fence, and collect by law one-half the cost of such fence from the other party.

3060. SEC. 3. All partition fences separating adjoining inclosures shall stand upon Line of. the line; and any person when erecting a partition fence and refusing to place it on the line dividing such lands, or to remove it to such line when erected otherwise than thereon, shall subject himself to one-half the cost of its removal and erection in the right place.

3061. SEO. 4. The respective owners or lessees of lands which now are or hereafter Repairs of may be inclosed with fences, shall keep up and maintain in good repair all partition fences between their own and the next adjoining inclosures, in equal shares, so long as

both parties continue to occupy or improve the same.

3062. SEC. 5. The provisions of this act shall apply to Tuolumne County. SEO. 6. This act shall take effect from and after its passage.

443

License

necessary.

8 Cal. 236.

5 Cal. 47.

6 Cal. 590.

7 Cal. 113.

Supervisors empowered. 2 Cal. 262.

Proviso.

Proviso.

Discretion of board.

19 Cal. 150.

License tax.

Bridges on boundary line.

Proviso.

Neglect of treasurer.

Clerk to issue license.

Term.

Ferries and Toll-Bridges.

[An Act creating and regulating public ferries, passed March 18, 1850, 97; amended by act passed April 29, 1851, 183, and by supplemental act, approved April 14, 1853, 85; and

An Act concerning toll-bridges, passed May 1, 1851, 167; repealed in part by acts of May 18, 1853, 233, and May 15, 1854, 103, were repealed by Sec. 28 of

An Act concerning public ferries and toll-bridges, passed May 15, 1854, 241, which was repealed(") by the following act.]

An Act concerning public ferries and toll-bridges

Approved April 18, 1855, 183.

3063. SECTION 1. No person shall demand or receive compensation for the use of any bridge or ferry as a public highway, nor set up and keep on any private road, a tollbridge, ferry or constructed ford so as to receive any remuneration or promise of remuneration for use of the same unless authorized so to do by license as hereinafter provided.

3064. SEC. 2. The board of supervisors of each county shall be and are hereby empowered to establish public ferries and toll-bridges across those bays, rivers, creeks or sloughs, bounding or within their respective counties whenever they shall deem it necessary; provided, said board shall not have the power to license bridges across navigable waters. But nothing in this act contained shall be construed to authorize the granting of any license to keep a public ferry or toll-bridge across or over the bays of San Pablo, Suisun, San Francisco or Monterey, or to impair the free and unrestricted navigation of said bays; provided, nothing in this section shall affect any ferry now established on the Straits of Carquenas, between Mare Island and Navy Point.

3065. SEC. 3. Any person may petition the board of supervisors for a license to keep a ferry or toll-bridge, and if in the discretion of the board such ferry or toll-bridge be necessary, and the petitioner be a suitable person to keep the same, they shall order the clerk of said board to issue a license, on the payment of such license tax, for the term for which the license is granted as the board may direct, not to exceed the rate of one hundred dollars, or less than three dollars per month for such term, and filing with the clerk the receipt and bond as hereinafter provided.

3066. SEC. 4. Whenever a ferry or toll-bridge crosses a stream, slough, bay, or arm of the sea, forming the boundary-line between two counties, the owner or owners of the same shall take out a license in the county lying on the left bank descending such stream, slough, bay, or arm of the sea; provided, that the amount paid for such license shall be equally divided between such two counties. Should the county treasurer to whom such license-money may have been paid neglect or refuse to pay over to the county treasurer of the county entitled to the one-half of said money, on demand, suit may be brought against such treasurer so neglecting or refusing, and the securities on his official bond, in the name of the county to which said money is due in any court of competent jurisdiction, and judgment shall be recovered for double the amount so found to be due.

3067. SEC. 5. Upon the production of the receipt of the county treasurer to the clerk of the board for the amount of license tax assessed by said board, and filing the bond as hereinafter required, said clerk shall issue such license to keep a ferry or toll-bridge at the place therein mentioned for a term not less than six months, nor more than one year; but no license to keep such ferry or toll-bridge shall issue unless Bridges on the land on which it is sought to establish such ferry or toll-bridge be public land, or public land, etc. the land of said petitioner, or where the holders or owners of any land where the public convenience may require that such ferry or toll-bridge shall be kept, shall neglect or refuse to have a public ferry or toll-bridge established within a reasonable time. 3068. SEO. 6. No ferry or toll-bridge shall be established within one mile immediately above, or below, a regularly established ferry, or toll-bridge, unless it be required by the public convenience, or where the situation of a town, or village, the crossing of a public highway, or the intervention of some creek, or ravine, shall render it necessary. Upon application by any person to establish another ferry or toll-bridge within one mile of any regularly established ferry or toll-bridge, notice, of at least ten days, of the time and place of such application, and of the grounds upon which the same is founded, shall be served upon the proprietor of the ferry or toll-bridge, already

Application to construct tollbridge.

2 Cal. 262.

7 Cal. 117.

7 Cal. 126.

13 Cal. 11. 21 Cul. 237.

(2) A special act (granting a ferry franchise on Suisun Bay), approved May 6, 1861, 800, refers to the act of May 15, 1874, as in force, and overlooks the repeal.

established, and such application shall be made to the same tribunal (if the same has
jurisdiction) which granted the license for the ferry or toll-bridge, already established;
provided, that there is nothing in this act that shall be so construed as to prevent the Proviso.
board of supervisors from establishing a ferry or toll-bridge, at any place they may
deem proper, within two miles of any incorporated town, or city, across streams that
are not navigable.(") [Amendment, approved May 8, 1861, 307.

license.

3069. SEC. 7. Any person having a license to keep a ferry or toll-bridge, and hav- Renewal of ing 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 or more than one year, having posted notices of his intention to apply for such renewal for twenty days, in the same manner as required on original application; and the board of supervisors shall in all cases of application for renewal of license, give to the party applying for a renewal a preference over any party making original application for license to keep a toll-bridge or ferry at the same place; provided, such person Proviso. applying for renewal shall in all respects have complied with the terms and requirements of this act.

3070. SEC. 8. When any person being owner or holder of any land lying on any Private grounds. river, creek, slough or arm of the sea within or bounding on this State, except such as are by section two of this act exempted, where any public road may cross the same, and where the public convenience may require that a ferry or toll-bridge should be kept, shall neglect or refuse to have a public ferry or toll-bridge established within a reasonable time, it shall be lawful for the board of supervisors of the county in which it may be necessary to have such ferry or toll-bridge established, upon proper application being made, and after having given three months' public notice of their intention by advertisement in some public newspaper in the county, or by written notice set up in three of the most public places in the county, to grant a license to some person to keep a ferry or toll-bridge at said place, on such conditions as to them may appear reasonable and just, taking bond with security as hereinafter provided.

use of ferries.

3071. SEC. 9. In case any lands belonging to any private person or persons may be Private lands to necessary in providing landings, moorings, and fastenings, or other necessary facilities be set apart for for operating any public ferry granted under the provisions of this act, the owner or owners of such public ferry may petition the board of supervisors of the county in which the same is situated, to have the said lands appropriated to public use for the purposes aforesaid, setting forth a description of the lands sought to be so appropriated, and the object for which the use of the same is necessary. Upon the presentation of such petition to the board of supervisors they may appoint three disinterested Commissioners to appraise. electors of the county commissioners, who shall, within five days after the date of their appointment, first having taken an oath to faithfully and impartially discharge the duties devolving upon them by law as such commissioners, proceed to examine the lands petitioned for, and determine whether the same be necessary for public use as aforesaid, and if the commissioners, or a majority of them, shall determine the same to be so necessary, it shall be their duty to notify, in writing, the owner or owners of Notice to such lands of the time and place at which they will meet to appraise and value the owners. same, such meeting to be within thirty days after said examination of said lands, and at least five days after the service of said notice; provided, that if the owner or Proviso. owners of such lands cannot be found in the county, said notice may be served by publishing the same for three consecutive weeks in some newspaper published in the county, the last insertion to be at least five days previous to the time appointed for such meeting, at which time and place they shall proceed to appraise and value such lands, and it shall be their duty to hear any evidence in relation to such value as may be offered, either by the owner or owners of the lands or of the ferry.(') [Amend· ment, approved March 18, 1864, 1863-4, 192; took effect from passage.

shall make re

3072. SEC. 10. The commissioners, or a majority of them, shall, within five days Commissioners after such appraisement, make a report in writing to the board of supervisors, by filing port. the same with the clerk thereof, in which they shall set forth their proceedings as such commissioners, that the lands are necessary for public use, and the true cash value of the same; whereupon, the board of supervisors shall, at a special meeting called for the purpose, or at their next regular meeting after the filing of said report, make an

(") The original section used the same language, with the ex- and empowered to keep such ferry or toll-bridge so established, ception that it did not contain the proviso.

7) Original section:

SEC. 9. Any person or persons having obtained a license from the board as aforesaid, shall be, and they are hereby authorized

and also to occupy as much ground as may be necessary to dis charge passengers, not exceeding one hundred feet on each side of the river, creek, slough, or arm of the sea, as the ferryman may deem necessary.

to pay appraisement

Proviso as to appeals

Owners of ferries order that the amount of such appraisement be paid to the owner or owners of such lands by the owner or owners of such public ferry; and after such payment or tender of payment, such lands shall be deemed dedicated and appropriated to public use, and the owner or owners of such ferry shall have full right to occupy and use the same for the purposes of operating such public ferry; but not more than one hundred feet of land on each side of any river, creek, or slough shall be so appropriated for the purpose of landings for such ferry, and not more than one-fourth of one acre of such lands on each side of such river, creek, or slough shall be so appropriated for other purposes and facilities of operating such ferry; provided, that if the owner or owners of any lands appropriated for public use, as herein provided, shall be dissatisfied with the amount awarded by the commissioners as the value of the lands, and shall refuse to receive the sum so awarded, they shall, within ten days from the time the owner or owners of the ferry shall enter upon and occupy the lands so dedicated to public use, commence an action in a court of competent jurisdiction against the persons so entering upon and occupying the land, for the value of the same; provided, that if the plaintiffs recover no greater sum than that awarded by the commissioners, they shall pay the costs of the action.(") [Amendment, approved March 18, 1864; 1863–4, 192; took effect from passage.

Proviso as to costs.

Ferries or tollbridges on public commons of towns.

Notice of application.

Boats, etc.

Bridges, etc.

Recovery of damages against company.

Obstructions.

3073. SEC. 11. When the land bordering on any creek, river, slough or arm of the sea, across which a public ferry or toll-bridge is deemed necessary, shall be a public common for any town, the said board shall be authorized to establish ferries or tollbridges across such river, creek, slough or arm of the sea, on application of any persons owning land next adjoining such public common, under the same rules and restrictions that ferries and toll-bridges are established, upon application of persons owning lands bordering on such river, creek, slough or arm of the sea; but the foregoing provisions shall not be construed as in any wise to affect the rights of any town or corporation, or of any person or persons being proprietor or proprietors of any town, their heirs or assigns, by giving the right to establish a ferry or toll-bridge to any person, not proprietor of such town, if the corporation of such town or the proprietor of such lands keep up a sufficient number of ferries or toll-bridges.

3074. SEC. 12. The board of supervisors shall not establish any ferry or toll-bridge until the applicant shall prove satisfactorily that publication has been made of his intended application in some newspaper published in the county, if one be published, and by posting notices in three of the most public places in the township where the bridge or ferry is sought to be established, for at least thirty days next preceding such application. 3075. SEC. 13. The board of supervisors shall have authority to order and direct from time to time the number and description of boats, and the number of hands which shall be kept on each ferry respectively.

3076. SEC. 14. No application as aforesaid shall be granted for any toll-bridge until the board of supervisors shall be satisfied that such bridge has been or will be made of substantial and durable materials, and at least ten feet in width, railed in with a good substantial railing at least four feet high; provided, that nothing in this section contained shall prohibit the board of supervisors, upon application, from authorizing the erection of toll-bridges across mountain streams where it is impracticable to travel with wagons, of such dimensions as the board in its discretion may determine.

3077. SEC. 15. Any person injured, delayed, or damaged, through any defect, insufficiency, or want of repair in any toll-bridge or ferry, shall have a right to sue ard recover of the party having a license therefor such damages as he may thereby have sustained, in any court of competent jurisdiction; and any person or persons who shall wilfully obstruct or damage, or cause to be obstructed or damaged, any lane or road, traveled or used by the public as a highway in going to and from any toll-bridge or ferry, so as to render such travel or use of such lane or road impracticable, or more difficult, without first procuring, in the manner now or that may hereafter be provided by law, an order by the board of supervisors, or other competent authority, duly vacating such lane or road, shall be liable to pay to any person or persons having a license to keep any toll-bridge or ferry, any and all damages he or they may sustain by loss or diminution in the amount of tolls that might have been collected had no such obstruction or damage been created,

(*) Original section:

SEC. 10. In case any land belonging to a private person be appropriated for public use as provided in the two preceding sections, it shall be the duty of the board of supervisors to appoint three disinterested electors of the county, who shall upon view of such land so appropriated for public use, appraise the same

and make return to said board, setting forth the metes and bounds of the same, and the valuation they have placed thereon. Whereupon the board of supervisors shall make an order that the amount of such appraisement shall be paid to the holder or owner of such land so appropriated by the person or persons obtaining such license.

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