association, or corporation interested, the board of supervisors of any county of this state may, by ordinance, declare all or any portion of any river or stream lying within the county which has not been declared by law to be navigable, and which is not in fact navigable for commercial purposes, to be a public highway for the floating and transportation of logs, timber, and lumber, and the same shall thereupon become and be a public highways for such purpose, subject only to the reservations hereinafter contained; and the board may also, at the same time or at any time thereafter, direct the widening, deepening, straightening, removing obstructions from, building of dams and booms in, and otherwise improving such streams as may be necessary to render the same fit and suitable for the purpose intended, and enter into contracts for the performance of such work according to law. Purchase or condemnation of lands by boards of supervisors. Sec. 2. In case any owner of land adjacent to or across which such stream flows does not consent to the use of the stream for such purpose, and the making of the improvements directed, with the right to pass along the banks of the stream for the purpose of doing the work, and keeping the same in repair, and properly superintending and managing the use of such highway for the purpose intended, and the taking, at a fair rate of compensation, of such timber and other materials along the bed and banks of the stream as may be necessary for the construction and repair of the improvements, and grant the same to the county by suitable instrument in writing, on application, the board of supervisors may contract for and purchase any or all of such rights; or if the same cannot be purchased at a satisfactory price, may authorize proceedings to be commenced in the name of the county to condemn and procure the same in the manner directed by title seven, part three, of the Code of Civil Procedure. Right of supervisors to contract to lease such highway. Sec. 3. Instead of itself securing the various rights and making the improvements necessary, the board may enter into a contract with any corporation, association, or individual, leasing the use of such highway, with the right to collect tolls for the rafting, floating, and booming of logs, timber, and lumber thereon, at rates of toll for transporting and for booming to be fixed by the board for a period of years from the completion of the work to be fixed by the board, in consideration of an agreement in such contract to be contained that the lessee will secure the right of way, and other necessary rights, from land owners, and make all improvements necessary for the successful carrying on of the business and use of the stream for the purpose intended, without any expense to the county, and keep the same in good repair during the period of such lease. Bonds of lessee. Sec. 4. Within twenty days from the making of such contract, and before the same shall go into effect, the lessee shall enter into a bond in such sum as may be fixed by the board, and with sureties approved by the board, conditioned for the faithful performance of the covenants and agreements on the part of the lessee in such contract contained. Power of lessee to condemn and secure right of way. Sec. 5. Such lessee shall have power to proceed in the name of the county to condemn and secure the right of way, and other rights and privileges referred to in section two of this act, in the manner directed by the provisions of title seven, part three, of the Code of Civil Procedure. Frivileges of lessee. Sec. 6. Such lessee during the term of such lease shall receive and float, or allow to be floated, in such stream, all floatable logs, timber, and lumber that may be offered for transportation therein by any person; provided the same be plainly marked with a distinctive mark, and shall have the right to charge and collect for its own use tolls therefor, and for booming the same, at rates fixed by the board of supervisors and inserted in the lease, and shall have a lien thereon for such tolls, which may be enforced in the manner provided in section three thousand and fiftytwo of the Code of Civil Procedure. Duty of lessee on expiration of lease. Sec. 7. Upon expiration of the lease, such lessee shall turn the property, with all improvements, over to the county in good repair. Construction of act. Sec. 8. This act shall not be construed as repealing any existing law of this state upon the subject to which it relates, not inconsistent with its provisions. Sec. 9. This act shall take effect from and after its passage. An act to provide for the appointment of an examining commission on rivers and harbors, defining their duties and powers, and prescribing their compensation. [Approved March 19, 1889; Stats. 1889, p. 420.] Appointment of engineers. Section 1. The governor of the state, within thirty days after the passage of this act, shall appoint three competent engineers in good standing in their profession, to be known and called the examining commission on rivers and harbors. The persons so appointed shall hold office until the first day of January, eighteen hundred and ninety-one. In case any vacancy may arise in such commission from any cause, the governor shall immediately fill such vacancy by appointment. Oath of office. shall, be Sec. 2. Each of said commissioners fore entering upon the discharge of his duties, take and subscribe an oath of office. The said commission shall organize by electing a president and secretary. Duty of commission. Sec. 3. The said commission shall make a full and careful examination into the condition of the Sacramento and San Joaquin rivers, and such other rivers and streams as they may select for that purpose. They shall determine what steps are necessary for the rectification and im- Sec. 4. The said commission shall make a full report on or before the first day of October, eighteen hundred and ninety, to the governor, on the matters herein specified, which said report shall be in such form and contain such calculations, specifications, and estimates as that it may be to congress as the basis of an appropriation by congress for the improvement of the Sacramento and San Joaquin rivers, and other navigable streams of the state, and of such bays and harbors as may have been examined by said commission as herein provided. The superintendent of state printing shall print and publish as many copies of said report and exhibits as may be ordered by the governor. Salaries. Sec. 5. Each member of the said commission shall receive a salary of two thousand four hun dred dollars per annum, payable monthly, and his traveling expenses while engaged in the performance of official duties. Said salary and expenses to be paid out of any money in the state treasury not otherwise appropriated. Sec. 6. This act shall take effect and be in force from and after its passage. Weights and Measures--Wild Animals. 1279 TITLE 306. WEIGHTS AND MEASURES. An act to establish a standard of weights and measures. [Approved April 6, 1891; Stats. 1891, p. 487.] Consult statutes of 1891 for the act. TITLE 307. WHARFINGERS. Act relating to: See Civil Code, Appendix, title, Warehouses and Wharfingers, p, 839. TITLE 308. WHARVES. The Political Code, secs. 2906 et seq., 2520 et seq., and 2567 et seq., seems to have superseded the old legislation on the subject of wharves. See, however, a special act in relation to a portion of Contra Costa county. It is entitled "An act concerning public wharves," approved March 28, 1872; 1871-2, 657. This act authorizes the owners or occupants of lands on the San Joaquin river, between its junction with the Sacramento and the eastern boundary of the county, to erect and maintain free wharves. WILD ANIMALS. See Game. |