Butte record., 1855-10-13
III ACE EowcyI~TJxTsG ROADS End
EgTr.zsltT { rs.

III ACE CONCERNING ROADS EMD
HIGHWAYS.
The PeeyIe of IL Afpte Of Coiforaia, rep
resented IN Senate and .issen,5iy, 10 tEat
as f0Aolcs:
81 All roads shall be considered as public
highways which are now used rs such, and
have been declared such by order Of the court
Of sessions or board Of super visors, or which
may hereafter he declared by the board Of
supervisors within their respective counties.
50 Ii shall be the duty Of the board Of >u-
reryis0rs of each county, to divide the county
into a suitable number Of road districts, and
TO appoint annually. or whenever vacancies
may occur. an oyerseer for each district whom
they shall have power TO remove at pleasure.
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 descl ibng the bounda
ries Of heir district.
4 The Road 0yerseers shall cause all the
Public Highways within their respective dis
tricts to be kept clear from Instructions, 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 ard to renew them when distroy
Ell.
The Road Overseers shall have power
to make use Of any gravel or dirt for improv-
ing the roads which may be absolutely neccs-
sary, from any adjacent unimprovcd lands,
and the Board Of Supervisors may allow such
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, il it shall be proved that they have al
lowed extraordinary and extravagant damages
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.
ceed five cents on each one hundred dollars
for Road purposes to be levied and collected at
the same time AMI manner as other property
taxes are colected.)
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 oyerseers 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 uuder the provisions of this
act
\ s Whenever any contract for the i'm
proyement of roads is to to be made, adver-
tisement thereof shall be eiyen by the overseer
Of the district in which such Improvement is
to be made, by dosting written notices in two
Of the most public places Of his district, and
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
oyerseers 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 he approved by the board of
supervisors
50 The board Of supervisors of each coun-
ty, on presenlation of petitions, praying for
county road to be laid out within the county,
or praAing for 4 cart read 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.
ani if objections by one or more Of the owners
shall bc made the board OF supervisors sholl
consider and determine the same, at heir next
regular meeting, and if they shall he Of opin-
ion that such road is necessary. they shali
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 a public highway When abso-
lutcly necessary the county surveyor may be
called in by the supervisors to assist in said
location.
10 Each Road Gycrscer 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.
aud also a list Of denquents, and the said
ovcrscers shall make an affidavit before
Justice of the Peace that said report and de-
linqueut 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 over6eer, on or before the first
day Of October of each year, she'll be consid-
cred a delinquent, and the oversecr shall pro-
coed u levy and sell at public vendue to the
highest bid, -, after giving SIX days pUbca-
ton, the proper iv Of such delinquent, or SO
much thereof as shah he necessary to satisfy
such delinquency and cosS.
II The Overseer shall receive for tLcir
services while in actual employment, the same
per diem compensation as is allowed 10 the
Supervisors of their respective Counties.
Y Ifany person shall obstruet 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 or
crossing. he shall be liable to prosecution be-
fore any justice of the pence, by any supervi-
sOr Of the county, or over seer OF the road dis
trict, on behalf of the county, and on c0nvc-
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.
5 IS 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-
pervisor of the county, in behalf OF said county
and on conviction thereof, shall be fined in a
sum not to exceed one hundred dollars
5 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.
) 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 fifty-three, are hereby repealed
Approved April 28th, 1850.
STATE OF CALIFORNIA.
Office Secretary of State.
hereby certify that the foregoing is true
copy of an original act now on file in this Of
fee Witness nv hand and seal of State at