Butte record., 1855-09-29
f5TGHWAYS.

AN ACT CCECERNING ROADS AMI
The People of tM ~ Sfate " o Of California. rep
resented in Senate and -4sSeDr6fy, 40 enact
as Joliotcs:
81 All roads shall be considereaa as paolic
highways which are now used as such, and
have been declared such by order CT the court
of sessions or board of supervisors, OF which
may hereafter be declared By the board OF
supervisors within their respective counties.
80 1t shall be the DUTY of the board oi >u-
ervisors of ench county, to divide the county
nto IA suitable number OF road dlstricts' ana
appoint annually, or whenever vacancies
nay occur, an overseer for each district, whom
hey shall have power to remove at pleasure.
: 3 The county clerk of each county, shall
lotify all persons who have been appointed
Dad overseers, within ten days after such ap-
ointment has been made, informing them OF
uch appointment and describing the bounda
les of their district.
s The Road Overseers shall cause all the
Public Highways within their respective dis
rlcts to be kept clear from distractions, and
good repair, causing banks TO be graded.
ridges and causways to be made where the
may be necessary to keep the same in
ood repair ard TO renew them when dlstrUy
L.
5 The Road Overseers shall have power
make use of any gravel or dirt for impruv-
lg the roads which may be absolutely necos-
.ry, from any adjacent unimproved lands,
nd the Board of Supervisors may allow such
iimages If there be any, to the owners OF
id bands as they may deem just, provided,
hat said supervisors shall not be liable to pay
.anage5 to the County at the suit of any cit
zen, 1t it shah be proved that they have al
4
6 The Boarl of Supervisors snail have
,,ower to Levy a Tax on all able bodied men
.etween the ages OF twenty one and fifty years
which shall not exceed four dollars per an
uum, (and property tax, which shall not ex
.eed five cents on each one hundred dollars
or Road purposes to be levied and collected at
the same time and a manner as other property
taxes are collected
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
iaxes, 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
ct
8 Whenever any contract for the i'm
rovement of roads is TO to be made, adyer-
.lsement thereof shall be .iven by the overseer
# the district in which such improvement is
% be made, by dosting written notices in two
Of the most pubic places of his district, and
by advertisement in one newspaper of the
county, or if none b. published i'll the county,
by notice posted Ut 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 nol
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 prescription of petitions, praying for a
county road to be laid out within the county,
or praGing for 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 thereid,
shall cause motto to be given to parties owning
the l.. nd over which such road is to be located
=. I'd if objections by one or more of the owners
sha IL be mau,. the board of supervisors shall
consider and determine the saue, Mt their next
re, -ular meeting, and il they shall be of opin-
ion that such road is necessary, they shall
appoil two persons as viewers to view out and
locate 3, nd road, and upon the return Of the
certificate Of the viewers, shall declare the
same to be Il public highway. When !, hso-
uteiy necessary the county surveyor may D.
called in by the upervisors to assist in said
location.
s 10 Each Road Oyerscer shall report to
Tie Board of Super yisors quarterly, the A.
mount of money collected ud paid out by him,
and to whom, and for what paid, the number
If days he himself has been in actual service,
lnd also list of delinquents, and the said
1vcrseers shall make an affidavit before
Justice Of the Peace that said report and de-
nquent list is correct. to the best of his
and belief, and any person refusing
IT negecting to pay the ROAD tax required by
his act to the 0yeroeer, on or before the first
/ y of October OF each year, shall be consid-
cred delinquent, and the overseer shall pro-
reed TO levy and sell at public vendue to the
highest bidder, after giving six days publica
lion, the property of such delinquent, or so
much thereof as shall be necessary to satisfy
such delinquency and cost
s IL The Overseer shall receive for the..
services while in actual employment, the same
per diem compensation as is allowed to the
Supervisors Of their respective Counties.
) II 1fnny person shall obstruct any pub
lie Road by telling any tree across the same,
OF by placing any her obstruction therein,
Or daming, digging or deepening. creek or
river, or its banks 50 as to destroy ford OF
crossing he shall be liable to prosecution be-
fore any justice OF the peace, by any supervi
sor of the county, or oveiseer OF the road dis
trict on beh,lf OF the county and on convic-
ton thereof, shall be fined in n snm not ex-
ceedtng fifty dollars, snd 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.
13 If any person shall wilfully 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
peryisOr of the county, in behalf OF said county
and on conviction thereof, shall be fined in a
sum not to exceed one hundred dollars
s IA All fines collected under the provi,
ions of this act. shall be paid into the county
treasurer for the use of the road district in
which the same was collected.
IS An act concerning roads and high
WAYS passed 4 nrIl eleventh, eighteen hundred
and fifty, and an act concerning roads and
highways, passed April nineteenth, eighteen
hundred fiftv-three, are hereby repealed.
Approved april 2sth 1855.
STATE OF cALIr"HNIA.
Office Secretary of State.
hereby certify that the foregoing is true
copy of an original act now on file in this Of
L i