Butte record., 1855-10-06
| an act cowcnsNEwe ROADS AND

an ACT CONCERNING ROADS AND
xzsGaNA NA1S'
Ihe People Of tis state " Cdfymnt"' rep
resented in Senate AMI .lsSeasbiy, do e''a {
as foiioJcs.:
81 All roads shall be considered as public
highwa which are now used as such, and
have been declared such by order Of the court
Of sessions or board of supervisors, or which
may hereafter be declared by the board OF
supervisors within their respective counties.
- 1t shall be the duty Of the board Of su-
perYisors of each county, to divide. the county
into Il suitable number of road districts, and
TO appoint annually, or whenever vacancies
may occur, an overseer for each district, whom
they shall have power 10 leInoye at pleasure.
3 The county clerk of each county shall
notify all persons who have been appointt
road ove1seers, within ten days after such ap-
pointmeut has been made, informing them Of
such appointment, aud describing the bounds
ries Of their district
The Road Overseers shall cause an lhe
Public Highways within their respective dis
uicts to be kept clear from obstructions, aud
in good repair, causing backs to be graded,
bridges and causways to be MADE where the
good drepar ard 10 renew them when distroy-
ell.
5 The Road 0verseers shall have power
10 make Use of any gravel OF dirt for improv-
ing tie roaGs which may be absolutely neces-
sary, from any j.eent unimproved lands,
and the Board of Supervisors may allow such
damages i there he any. TO the owners OF
si- lands as they may deem just, provided,
'hat said supervisors shall not be liable to pay
lsiaages 10 the County the suit Of any cit
.z7n. i. f. slail be proved that they have al
.awet eEri.2f iinaty aod extra 7agant damages
6 s The Bc9ra 1t Supervisors snail have
n4w1r b. Levy 81 Tax ol MI able bodied men
1ervoa- tue ages oi twenty one ans tOy years
whoh shall uot exceed fa4r dollars per an
nun, (and property tax, whcn shall u1t e4.
ceed FIVE cents ON each one hundred t3.ai
for Road purposes 30 le levied and collected
the same time aud manner as other prorer-v
taxes are collected
) = The property taZ So levied shall ta
collected by the Sheriff Oh tie toan-g- .l ta
same manner as in the collection af at..
taxes, but all road taxes Tor reti p-rt
shall be collected by the oyerseag7 III d.
respective districts
Provided. that the B1grd q SuVcyvs.-
shall in all cases require bond OF suca yur-
seer TO secure the payment Of SucA lnuAles -.
he may receive under lhe provisions VI .a
, CT.
IS Whenever any contract for the Ia.
,ovsmeut .. ros IS y 10 e. he lje .IIvvl.-
sefneut thereof shall be iveu by the osersce'
the distr = IN wnicl -reh Improvement is
ne made, by dosiiug written notices in two
10 the most pubic places of his district, and
~ advertisement ia one newspaper of tue
luuty, or if none be published in the county,
~ notice posted st the court house door, ten
lays prior 20 the letting Of such contract, and
a!I contracts shall be awarded 10 the lowest
responsible bidder, subject to the approya. oi
he board Of supervisors. Provided, that the
I 0Yefseers shall have power to make contracts
for the improvement Of roads, which shall nol
exceed Ite sum Of fifty dollars, at their option
such contracts to be approved by the board Ct
supervisors.
) 9 The board of supervisors Of each coun-
ty, On prcson4ation Of petitions, praying for a
county road to be laid cut within the county,
OF praling fer q cart road TO be iail out from
the dwelling or plantation Of any person, to
any public road, or from enc pubEc road to
another, and designating the points thorcid,
shall cause cotic TO be given to parties owning
the land over Which such road IS To be locat2 !,
and II objections by one or more cf Jhe owners
shall be made. the board OF supervisors shall
consider and determine the same. & their next
regular meeting, and if they shall he ii cI.5u-
ion that such road is necessary, they shall
appoint two persons as viewers TO view cut and
locate said road aud 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
cal4d q by the supervisors to assist il said
location.
5 10 Each Road Oyerseer shall report 50
tie Board Of Supervisors quarterly, the a.
mount of money collected and paid cut by him.
and to whom, and for what paid the number
Of days he himself has been in actual service,
aud also list Of delinquents, and the said
0vcrseers shall make an affidavit before "a
Justice Of the Peace that said report and de
hnqueut 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 consic-
cred delinquent, and the oye.eeer shall pro-
ceed to levy and sell at public vendue To the
highest bidder. after giving six days puhiica-
ton, the property Of such delinquent, on 7o
much thereof as shall be necessary to satisfy
such delinquency and cost.
s IL The 0gerseer shall receive for tha.r
services while in actual employ yment, rhe lae
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, creek or
river, or its banks so as to destroy ford or
crossing he shall be liable to prosecution be-
fore any justice Of the peace, by any supeFvi
sor Of the county, or oyer.eer OF the road dis
trict. on beh If of the county, and on convie-
;ion thereof shall be fined in a snm not OK
caeitug fifty dollars, and shall forfeit lye dol
lars flr every day ne shall suffer said obs'ruc-
e1 ~ 20 rema.3 sitter he shall have been order
cd 10 remove tie same by the overseer.
f3 # auE person shall wilfully destroy
ar iui.re any bridge. CT causeway, or remove
or cqgee TO be removed, any Of the plank or
timber thevelrom. OF cut down or injGro arT
tree planted or growing as shade trees in any
public highway, or damage any highway b
ligeiu4 il H. he shall be liable to be prosecu-
,cj before any justice Of the peace by any su
pervisor Of ne county. in behalf o said county
md u conviction thereof, shall he fined in
sum not e. exceed enc hundred dollars
s II All f4es collected under the provs
ions Of this acf, shall 5a paid INTO ttie county
treasurer for the use OF the road district Ia
which the same was collected.
Is An act concerning raads and high
ways, parsed April eleventh eighteen H1n3re
and fifty, and an act concerning roa Is ana
highways. passed April nine eeufh eiE'r
hundred fifty-tbree are hereby Iepeale!
Approvel April 9Sth 1850