Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-07-21
J. NJ. ANDERSON,
Clerk Of the Assembly.
AN ACT CONCERNING ROADS AND
HIGHWAYS.
The People Of The State Of California, rep
resented in Senate and assembly, do enact


as tolio,cs:
, ST. All roads shall be considered as public
highways which are now used as such, and
have been declared such by order of the court
J of sessions or board of supervisors, or which
! may hereafter be declared by the board of
) supervisors within their respective counties.
81 1t shall be the duty of the board of SUI
: pervisors of each county, to divide the county
into suitable number of road districts, and
10 appoint annually, or whenever vacancies
may occur, an overseer for each district, whom
; they shall have power to remove at pleasure.
: 5 8 The county clerk of each county, shall
notify all persons who have been appointed
road overseers, within ten days after such ap-
pointment has been made, informing them Of
such appointment, and describing the bounda-
ries of their district.
The Road Overseers shall cause all the
Public Highways within their respective dis
trcts to be kept clear from distractions, and
in good repair, causing banks to be graded,
bridges and causways to be made where the
same may be necessary to keep the same in
good repair and to renew them when distroy-
ed.
Il 5 The Road Overseers shall have power
to make use of any gravel or dirt for improv-
ing the roads which may he absolutely neces-
sary, from any adjacent unimproved lands,
anu tut DouTu VI StpSt flsOio dllOW ouSh
damages if there be any, to the owners OF
said lands as they may deem just, provided,
that said supervisors shall not be liable to pay
damages to the County at the suit of any cit
izen, if it shall be proved that they have al
loved extraordinary and extravagant damages
6 The Board of Supervisors snail have
power to Levy a Tax on all able bodied men
between the ages of twenty one and fifty years
which shall not exceed four dollars per an
mum, (and property tax, which shall not ex.
coed five cents on each one hundred dollars
for Road purposes to be levied and collected at
the same time and manner as other property
taxes are collected)
1 81 The property tax so levied, shall be
collected by the Sheriff of the County, in the
same manner as in the collection of other
taxes, but all road taxes for road purposes
shall be collected by the overseers in their
respective districts
Provided, that the Board of Supervisors
shall in all cases require bond of such over
seer to secure the payment of such monies as
he may receive under the provisions of this
act.
! IS Whenever any contract for the i'm =
provement of roads is to to be made, adver-
tsement thereof shall be given by the overseer
Of the district in which such improvement is
to be made, by dosting written notices in two
Vi the IlUSJ puDilC pidCcS Vi HIS ulSlTlCt, anu
by advertisement in one newspaper of the
county, or if none be published in the county
by notice posted ct the court house door, ten
days prior to the letting of such contract, and
all contracts shall be awarded to the lowest
responsible bidder, subject to the approval of
the board of supervisors. Provided, that the
overseers shall have power to make contracts
for the improvement of roads, which shall not
exceed the sum of fifty dollars, at their option
such contracts to be approved by the board of
supervisors.
50 The board of supervisors of each coun-
ty, on presentation of petitions, praying for q
county road to be laid out within the county,
or praGing for a cart road to be laid out from
the dwelling or plantation of any person, to
any public road, or from one public road to
another, and designating the points therein,
shall cause motto to be given to parties owning
the land over which such road is to be located,
and if objections by one or more of the owners
shall be made, the board of supervisors shall
consider and determine the same, at their next
regular meeting, and if they shall be of opn-
ion that such road is necessary, they shall
! appoint two persons as viewers to view out and
locate said road, and upon the return of the
certificate of the viewers, shall declare the
same to be public highway. When abso-
lutely necessary the county surveyor may be
called in by the supervisors to assist in said
/ location.
s 10 Each Road Overseer shall report to
tie Board of Supervisors quarterly, the a.
mount of money collected and paid out by him,
and to whom, and for what paid, the number
of days he himself has been in actual service,
! and also list of delinquents, and the said
ovcrseers shall make an affidavit before n
Justice of the Peace that said report and de-
hnauent list is correct. to the best Of his
knowledge and belief, and any person refusing
or neglecting to pay the ROAD tax required by
this act to the overseer, on or before the first
day of October of each year, shall be consid-
cred delinquent, aud the overseer shall pro-
coed to levy and sell at public vendue to the
highest bidder, after giving six days publica
ton, the property of such delinquent, or so
much thereof as shall be necessary to satisfy
such delinquency and cost
! 5 IL The Overseer shall receive for their
services while in actual employment, the same
per diem compensation as is allowed to the
Supervisors of their respective Counties.
/ II If any person shall obstruct any pub
lie Road by telling any tree across the same,
or by placing any other obstruction therein,
or daming, digging or deepening, a creek or
river, or its banks SO as to destroy a ford OF
crossing he shall be liable to prosecution be-
fore any justice of the peace, by any supervi-
SOr OF the county, OF over seer Oh the road dis
trict, on behalf of the county, and On convc-
ton thereof, shall be fined in a snm not ex-
ceedtng fifty dollars, and shall forfeit FIVE dol
lars for every day he shall suffer said obstruc-
ton to remain after he shall have been order
ed to remove the same by the overseer.
i 10 If any person shall wilfGlly destroy
or injure any bridge. or causeway, or remove
or cause to be removed, any of the plank or
timber therefrom, or cut down or injure any
tree planted or growing as shade trees in any
public highway, or damage any highway by
digging in it, he shall be liable TO be prosecu-
ted before any justice of the peace, by any su-
4 perysor OF the county, in behalf of said county
and on conviction thereof, shall be fined in
sum not to exceed one bandred dollars.
IA All fines collected under the provis-
ions of this act. shall be paid into the county
treasurer for the use Of the road district in
which the same was collected.
Il 10 An act concerning roads and high
ways, passed April eleventh, eighteen hundred
and fifty, and an act concerning roads and
highways, passed April nineteenth, eighteen
hundred ffty-three, are hereby repealed.
j Approved april 2sth, 1855.
! STATE OF CALIFORNIA.
II Office Secretary of State.
hereby certify that the foregoing is true
copy of an original act now on file in this Of
fee. Witness my hand and seal Of State, at
RI :, Sacramento, this eleventh day of May
A. D. 1856.
7 II DENVER Ceo-e.-rr of state