Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-08-11
J. NJ. ANDERSON,
Clert of tho Assembly
AN ACT CONCERNING ROADS AND
HIGHWAYS.

AN ACT CONCERNING ROADS AND
The People of ne STATE Of California, rep
resented IN Senate and assembly, do enaci
as follo,os:
J All roads shall be considered as public
highways 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
J supervisors within their respective counties.
/ 81 1t shall be the duty of the board Of su-
pervisors Of each county, to divide the county
into suitable number of road districts, and
TO appoint annually, or whenever vacancies
may occur an overseer for each district, whom
they shall have power to remove at pleasure
/ g The county clerk of each county, shall
notify all persons who have been appointed
road overseers, within ten days after such APP
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
| tricts to be kept clear from distractions, and
in good repair, ausing banks to be graded.
| bridges and ctueways to be made where the
| same may be necessary to keep the same III
good repair ard to renew them when distroy-
ed
| ; 8 The Road 0versests shall have power
to make use of any gravel or dirt for improv-
ing the roads which may be absolutely neces-
sary, from any adjacent unimproved lands
and the Board of Supervisors may allow such
damages IT there be any, to the owners oil
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
lowed extraordinary and extravagant damages
! kS Tho Doorl of Supa-v;sn,,
Hower to Levy Tax on all able bodied men
be. Seen the ages of twenty one and fifty years
which shall not exceed four dollars per an
mum, (acd property tax, which shall not ex
coed five C, uts on each one hundred dollars
for Road pun. oses to be levied and collected at
the same time a,l1 manner as other property
taxes are collecte,I.)
81 The properly tax so levied, shall be
collected by the Sherih 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
pr0vement of roads is to to be made, adyer-
tisel ,ent thereof shall be piven by the overseer
of the district i'll which such Improvement is
to be l.! ede, by dosting written notices in two
of the mo ut public places of his district, and
by advert. eement IN one newspaper of the
county, or il none be published in the county,
by notice post ed BIT the court house door, ten
days prior to til = letting of such contract, and
ali contracts shau be awarded to the lowest
responsible bidder subject to the approval OF
the board OF supervi sors. Provided, that the
overseers shall have power to make contracts
for the Improvement OF roads, which shall not
exceed the sum o. dfty dollars, at their option
such contracts to be approved by the board Of
supervisors.
50 The board of 81. 1ervisors of each coun
ty, on preservation of pc 1tions, praying for
county road to be laid out within the county,
or praEing for cart road to be laid out from
t.. &c dwelling or plantation Of any person, to
any public road, Or from one pm. flic road to
mother, and designating the poin, IS therein,
shall cause uotic to be given to partiea' owning
he land over which such road is to be 10, cateds
md if objections by one or more of the oyy, 'ers
;hall be made. the 'ard OF supervisors shA II
consider and determine the same, at their next J
regular meeting, and if they shall be of opin-
on that such road is necessary, they shall
appoint two persons as viewers to view out and
ocate said road, and upon { he return of the
certificate of the viewers, shall declare the
same to be a public highway. When abso-
utely necessary the county surveyor may be
called in by the supervisors to assist in said
location.
10 Each Road Overseer ST. all report to
the Board of Supervisors quart erly, the a
mount of money collected and paid out by him,
luI to whom, and for what paid, the number
# days he himself has been in actual service,
nd also a list of delinquents, and the said
,vcrscers SHALL make an affidavit before
Instice of the Peace that said report and de-
inouent list is correct. to the best of his
knowledge and belief, and any person refusing
,r neglecting to pay the road tax req uired by
his act to the overseer, on or before ne hrst
lay of October of each year, shall be onsid-
cred delinquent, and the overseer shall pro-
reed to levy and sell at public vendue to the
highest bidder, after giving six days publ ca
ton, the property of such delinquent, or 40
much thereof as shall be necessary to satisfy
such delinquency and cost
s 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.
s IL 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 OF
crossing. he shall be liable to prosecution be-
fore any justice of the peace, by any supervi-
sor Of the county, or over seer OF the road dis |
trict, on behalf of the county, and on convic-
ton thereof, shall be fined in a snm not ex
ceedtng fifty dollars, and shall forfeit five dol |
lars for every day lie shall suffer said obstruc-
ton to remain after he shall have been order
ed to remove the same by the overseer.
s l3 If any person shall wilfully destroy
or injure any bridge, OF 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 net to exceed one hundred dollars
5 IA All fines collected under the proTis
ions Of this act. shall be paid into the county
treasurer for the use Of the road district in
which the same was collected.
SIS 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.
Approved April 2sth. 1853
STATE OF CALIFORNIA.
Office Secretary Of State
hereby certify that the foregoing is trne
copy of an original act now On file in .ais Of
fee. Witness my hand and seal of State, at