Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-06-30
J. NJ. ANDERSON,
- IL =,
AN ECT CONCERNING ROADS AND
HIGHWAYS.

]. NJ. ANDERSON,
Clerk of the Assembly
AN aCZ CONCERNING ROADS AND
HIGHWAYS.
| The People Of the state 0t California, rep
resented in Senate and assembly, do enact
as foliotcs:.
81 All roads shall be considered as public
| highways which now used as such, ana
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.
| s II shall be the duty Of the board OF su
| peryisors of each county, TO divide the county
ut0 a suitable number of road districts, and
| 10 appoint annually, or whenever vacancies
nay occur, an oyerseer for each district, whom
! they shall have power TO remove at pleasure.
| S 5 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
Sricts to be kept clear from distractions, and
n 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 destroy
| ed
| s 5 The Road Overseers shall have power
to make use of any gravel or dirt for improy-
ing the roads which may be absolutely neces-
sary, from any adjacent unimproved 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
- t,lI H. = .,t = lpya al
lowed extraordinary and extravagart damages
5 6 The Board of Supervisors snail have
power to Levy 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 i've cents on each one hundred dollars
| Tor Road purposes to be levied and collected a
the same time and manner as other property
taxes are collected)
81 The property tax so levied, shall be
collected by the Sheriff of the County, iu 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 under the provisions of this
act
! ! 8 Whenever any contract for the i'm
provement of roads is to to be made, adver-
| tisement thereof shall be given by the overseer
/ of the district in which such improvement is
to 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 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.
! 80 The board of supervisors Teach coun-
ty, on presentation of petitions, praying for a
county road to be laid out within the county,
or praiing 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 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 opin-
| ion that such road is necessary, they shall
appoint two persons as viewers to view out 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
called IN by the supervisors to assist in said
location.
) 10 Each Road Overseer shall report to
the Board of Supervisors quarterly, the a.
mount Of money collected aud paid out by him,
and to whom, and for what paid, the nun Der
of days he himself has been in actual service,
and also a list of delinquents, and the said
ovcrseers shall make an affidavit before a
Justice of the Peace that said report and de-
/ lnquent list is correct. to the best of his
knowledge and belief, aud any person refusing
or neglecting to pay the ROAD tax required by
/ this act to the oYerseer, ON or before the first
day Of October Of each year, shall be consid-
cred delinquent, and the overseer shall pro-
coed to levy and sell al public yendue 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
ii 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 II any person shall obstruct any pub
lie Read by telling any tree across the same,
/ OF by placing any other obstruction therein.
or daming, digging or deepening, creek or
river, or its banks 50 to destroy ford or
crossing he shall be liable to prosecution be-
fore any justice Of she peace, by any supervi-
Sor of the county, or oveIseer OF the road dis
/ trlct, on behalf Of the county, and on coavic-
| 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-
I ton TO remain alter he shall have been order
ed to remove the same BY the overseer.
IL 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 iniure any
( tree planted or growing as shade trees in any
public highway, or damage any highway bT
digging IN it, he shall be liable to be prosecu-
I ted before any justice OF the peace, by any su-
( Pervisor Of the county. in behalf OF said county
AMI on conviction thereof. shall be fined in a
sum not to exceed one hundred dollars
u 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 hirh-
ways, passed April eleventh, eighteen hundred
I and fry, and an act concerning roads and
highways, passed April nineteenth, eighteen
hundred tfty-thTee, are hereby repealed.
Approved april 2sth. 1855
STATE OF CALIFORNIA.
Office Secretary of State
: | hereby certify that the foregoing is a true
! copy Of an original act now ON file in This ~