board of county commissioners, in the penal sum of one thousand dollars; which bond shall be conditioned for the faithful performance of the duties of his office, and shall be filed in the office of the county clerk. An Act to protect public roads and highways from damage by water, and to provide a penalty for a failure to do so. Approved March 18, 1911, 96 3045. All persons and corporations to prevent damage by water to public roads and streets. SECTION 1. From and after the passage of this act, all persons, corporations or associations conducting water across any public road or highway, or across any street or alley in any unincorporated town in this state, for domestic, mining, agriculture or manufacturing purposes, shall construct and maintain, at their own expense, good and substantial culverts or bridges, over such crossing, and shall in no case allow any stream of water, diverted from its natural channel for such purposes by them, to flood or wash any public road or any street or alley in any unincorporated town of this state. 3046. Penalties. SEC. 2. Any person, corporation or association which shall fail or refuse to construct and maintain culverts and bridges as in section 1 of this act specified, or which shall fail, after five days' written notice, served upon them by the proper authorities to repair all damages by them caused by flooding any road or highway shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for the first offense be fined not less than twenty-five dollars, nor more than fifty dollars, and for each subsequent offense shall be fined not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail for a term not less than thirty days nor exceeding six months. An Act relating to toll roads and bridges in Nevada Territory. Approved February 18, 1864, 71 3047. Toll keepers not to charge the military. SECTION 1. Hereafter no toll-gate or toll-bridge keeper or proprietor, or other person, shall be permitted to charge or collect any toll from any soldier, teamster, or other person in the military service of the United States government. 3048. Penalty. SEC. 2. Any person charging or collecting, or attempting to charge or collect, any toll from any of the persons named in this act, shall be deemed guilty of a misdemeanor, and may, on conviction thereof, before any justice. of the peace, be fined in any sum not less than fifty nor more than one hundred dollars. An Act to compel the owners of toll roads within this state to keep Approved March 9, 1865, 271 3049. When right to maintain deemed forfeited. SECTION 1. If, after the passage of this act, any toll road in this state shall not at all times of the year be kept in good condition and repair, without break or interval between the points of beginning and terminus, by the owner or owners of the same, such owner or owners shall be deemed to have forfeited his or their right to maintain such road, and all the rights, privi leges, and franchises belonging or in anywise appertaining to the same. The question as to whether a forfeiture has accrued under the provisions of this act, shall be determined in the manner provided in an act entitled "An act regulating proceedings upon quo warranto and informations in the nature thereof," approved February twenty-first, one thousand eight hundred and sixty-five. See secs. 5656 5682. An Act to provide for constructing and maintaining toll roads and bridges in the State of Nevada. 3050. Certificate acknowledged and recorded-Contents-When work commenced. SECTION 1. Any person or persons desiring to construct and maintain a toll road within any one or more of the counties of this state, shall make, sign and acknowledge, before some officer entitled to take acknowledgments of deeds, a certificate specifying, first, the name by which the road shall be known; and, second, the names of the places which shall constitute the termini of said road. Such certificate shall be accompanied with a plat of the route of the proposed road, and shall be recorded in the office of the county recorder of the county or counties within or through which such road is proposed to be located; and the record of such certificate and plat shall give constructive notice to all persons of the matters therein contained. The work of constructing such road shall be commenced within thirty days of the time of making the certificate above mentioned, and shall be continued with all reasonable dispatch until completed. Cited (on another point), State ex rel. Ford v. Hoover, 5 Nev. 141 145. At the expiration of a toll-road franchise, the control for such road reverts to the sovereign, and in the absence of other special disposition, a free use of such road would be thereafter in the people. State ex rel. Boardman v. Lake, 8 Nev. 276-283. The fact that the holder of an expired toll-road and bridge franchise has acquired the fee of the land on which the ends of the bridge rest and both sides thereof, does not give him any rights to a continuance of the franchise the possession by the public of the easement of traveling the road being in no sense antagonistic to his possession of the title to the land. Idem. Sections 1 and 2 of this act apply only to new roads, and give no right to the owner 3051. Rights and privileges. of an old road whose franchise is about expired to locate it as a new road. Idem. A bridge over a navigable stream can only be lawfully built or used for taking tolls by authority of the legislature. Idem. Where a toll-road franchise, granted in 1864, was by judicial action in May. 1865, declared forfeited; and in June, 1865, the holder sought to acquire the right to collect tolls on it by compliance with this act, it was held, that as the statute provided that no toll road constructed under its provisions or otherwise should "interfere with any road or highway in general use by the traveling public," no right could, in that manner, be acquired to collect such tolls. State ex rel. Buckley v. Curry, 6 Nev. 75-77. SEC. 2. On complying with the provisions of the preceding section said person shall be deemed to have the franchise for the use of said road, together with the following rights and privileges and subject to the following restrictions: First-To construct, complete and maintain a toll road over the route and between the termini mentioned in said certificate; Second-To have the use of the right of way over which said road is constructed, together with fifteen feet on each side of the center of such road. Third-To establish rates of toll over the whole and the various sections of such road, and to establish and fix different rates of toll for the different character of animals, vehicles and conveyances that use such road, as he may deem proper: Fourth-To charge and collect from a person using such road, and in advance of its use, the toll at the rate fixed and established; Fifth-To prevent the use of such road or any part thereof by any person who fails or refuses to pay in advance the tolls and charges as fixed and established; and for such purpose and, in the event of the continued or threatened use of such road by any person without paying the toll fixed and provided, to obtain an injunction; Sixth-To enter upon and appropriate private lands for the use of said road and right of way as in said act provided; such person or persons shall tender to such owner or owners the appraised value of such lands; they shall be entitled to proceed in the construction of the road over the land so appraised, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons; and provided further, that an appeal may be taken by either party from the finding of the appraisers to the district court of the district within which the land so appraised shall be situated at any time within three months after such appraisement. Seventh-To post on a bulletin board at the termini of said road the rates of toll so fixed and established, written, painted or printed in a plain and legible manner, together with the address of the place or office where said tolls. are payable; to place along said road, not to exceed two miles apart, sign boards with the words "Toll Road" written, printed or painted thereon. Eighth-To deliver to a person paying the required toll a ticket, authorizing the use of such road by the party so paying such toll, said ticket to show upon its face the place of issue, the destination on the road of the user, such date to be so set as to give the user sufficient time to reach his destination on said road. As amended, Stats. 1905, 254; 1907, 404. See Southern Dev. Co. v. Douglass, under sec. 7 of this act. 3052. May enter upon private lands-Eminent domain-Value, how ascer tained-Tender of appraised value-Appeal. SEC. 3. Any person or persons proposing to construct a toll road under the provisions of this act, shall have the right to enter upon private lands for the purpose of examining and surveying the same; and where such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of said road may be appropriated by said person or persons, after making compensation therefor, as follows. Said person or persons shall select one appraiser, and said owner or owners shall select one, and the two so selected shall select a third, who shall appraise the lands sought to be appropriated, after having been first sworn before some officer entitled to administer oaths to make a true appraisement thereof, according to the best of their knowledge and ability. If such person or persons shall tender to such owner or owners the appraised value of such lands, they shall be entitled to proceed in the construction of the road over the lands so appraised, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons; and, provided further, that an appeal may be taken by either party from the finding of the appraisers, to the district court of the district within which the land so appraised shall be situated, at any time within three months after such appraisement. For condemnation of property, see secs. 5606-5629. 3053. Penalty for failure to keep road in repair-Quo warranto. SEC. 4. The owner or owners of any toll road constructed or maintained under the provisions of this act, shall at all times keep the same in as good condition and repair as may be practicable; and if such owner or owners shall fail to keep the same in such condition and repair, such failure shall work a forfeiture of all rights, privileges, and franchises, belonging to such owner or owners, or any person having any interest therein. Such franchise may be also declared forfeited on information in the nature of a quo warranto, in the manner provided by law; and the owner or owners of any road on which tolls are collected under the provisions of this act, shall be liable for all the damages sustained by parties passing over such road, in consequence of the carelessness or negligence of the owner or owners in keeping their road in proper repair. Quo warranto, secs. 5656-5682. 3054. Using road without paying toll, punishment. SEC. 5. Any person who shall go upon or travel over said road or any part thereof with animal, vehicle or conveyance without having first paid or tendered the toll or charges for the use of said road, as established and fixed by the owners, to the person designated to receive the same, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding fifty dollars, or imprisoned in the county jail where such offense is tried not exceeding five days, or by both such fine and imprisonment. Failure of such person to have in his possession the ticket provided for in section 2 of said act shall raise the presumption that such person has not paid or tendered the required toll. Any person who shall obstruct, injure or destroy said road or any part thereof, or shall interfere with the removal of obstruction or repair or maintenance of said road, shall be deemed [guilty] of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed fifty dollars, or imprisoned in the county jail where such offense is tried not exceeding five days, or by both such fine and imprisonment. All fines collected under the provisions of this section shall be paid into the treasury of the county wherein such convictions shall have been had for the benefit of the school fund; but in no case shall the county be responsible for the costs of any prosecution under this section. As amended, Stats. 1875, 156; 1907, 405. 3055. Proportion of receipts to county. SEC. 6. The owners of any toll road constructed under the provisions of this act shall cause to be kept an accurate account of the gross receipts and expenditures of such road, and make a quarterly report thereof under oath to the state controller. Such owners shall pay to the county treasurer of each county through which said road is constructed such county's pro rata portion of two per cent of the gross proceeds of said road, such ratio to be as the number of miles of said road in a certain county is to the whole length of such road. The receipts for such moneys from the county treasurers shall accompany the reports to the state controller. The county treasurers shall credit such moneys to the general road fund of the county; provided. that if in three years after the completion of any road, the net proceeds shall exceed fifty per cent per annum on the cost of construction, then all such excess of fifty per cent shall be paid into the general state school fund in the same manner as provided in this section for the payment of the two per cent on the gross proceeds. As amended, Stats. 1907, 406. 3056. Provision on expiration of charters-Proviso. SEC. 7. Upon the expiration or forfeiture of any toll-road franchise granted under the provisions of this act, and in case of the expiration or forfeiture of any toll-road franchise granted under the provisions of any other act, whether the same shall have already happened or may hereafter happen, the ownership of said road, with all the rights and privileges theretofore belonging to the same, shall vest in the county or counties in which said road shall be located; and whenever the same shall have happened, or may hereafter happen, the county commissioners of the proper county may declare so much thereof as is within their county a free highway; provided, that in all cases falling within this section, the county commissioners of the proper county may give a lease at a nominal rental of any such road whereon tolls are now collected, either under the provisions of any act of the legislature of this state, or by and with the consent of the county commissioners aforesaid, to the proprietors, their successors or assignees, of such road, for a term of not to exceed five years, giving to such lessee the right to collect tolls on such road, subject, however, to all the provisions of this act; and upon the expiration or forfeiture of any such lease, and whenever and as often as the time shall happen, the county commissioners of the proper county, if they deem it expedient, may give a new lease of such road upon the like terms and conditions, for a further period of not to exceed five years, to the original or any other lessee, unless said road passes through two or more counties, in which case the original lessee, or his assigns, shall have preference. As amended, Stats. 1875, 156; 1877, 74. See Boardman v. Lake, under sec. 1 of this Where the franchise of a toll road previously granted, became or was judicially declared forfeited, it was held that the road became the property of the county, and that, if the county commissioners took no action for the collection of tolls, it became a free highway. State ex rel. Buckley v. Curry, 6 Nev. 75-77. By allowing travelers to pass over a road, and by collecting tolls thereon, a toll-road proprietor dedicated the same to the public use. State v. Toll Road Co., 10 Nev. 155, 160, 162. County commissioners made an order granting a lease to the proprietors of a toll road; but they did not then accept its con 3057. Exorbitant toll, how remedied. act. ditions or agree to perform them, and the board subsequently refused to execute the lease submitted for that purpose and later made an order rescinding its original order therefor. It was held, that in making the later order the board did not exercise judicial functions and hence certiorari would not lie to set the same aside. Southern Dev. Co. v. Douglass, 26 Nev. 50, 53 (63 P. 38). Under this section, the commissioners cannot grant a lease to a toll road constructed in 1882, since the phrase "whereon tolls are now collected," limited the commissioners' power to grant extensions to such roads only as were then in operation. Southern Dev. Co. v. Douglass, 26 Nev. 230, 239-241 (66 P. 66). SEC. 8. Whenever ten taxpayers in any county through which a road is located and constructed under the provisions of this law are convinced that tolls charged on said road are unreasonably high, they shall have the right to petition the board of county commissioners to have said rate reduced, which petition shall be accompanied by an affidavit, setting forth wherein said rates of toll should be reduced, and thereupon the county commissioners shall immediately notify the owners of the road so complained of, who shall select three men to act with three county commissioners, and the six shall select a seventh man, and the seven so selected shall have power to fix the rates of toll to be charged on any road thus complained of, which rates shall not be reduced for a period of five years thereafter, except by petition of ten taxpayers to the county commissioners. As amended, Stats. 1907, 406. 3058. Franchises heretofore granted may be located under this act. SEC. 9. All franchises granted for toll roads by the first legislature of this state may be located under the provisions of this act. See Boardman v. Lake, under sec. 1 of this act. |