Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-06-30

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The People Of he state " California, rep
resented in Senate and assembly, do enact
as foLiotrS:
81 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 super vsors, or which
may hereafter be declared by the board of
supervisors within their respective counties.
5 = 1t shall be the duty Of the board Of su-
pervlsors OF each county, to divide the county
INTO suitable number of road districts, and
70 appoint annually, or whenever vacancies
may occur. 0verseer for each district, whom
they shall have power to remove at pleasure.
The county clerk of each county, shall
notify ali persons who have been appointed
road overseers, within ten days after such APP
pointment has been made, informing them Of
such appointment, aud describing the bounda-
ries OF their district.
4 The Road 0verseers shall cause all the
Public Highways within their respective dis
trlcts To be kept clear from Instructions, and
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-
ed
The Road 0verseers shall have power
to make use OF any gravel or dirt for improv-
ing the roads winch may be absolutely neccs-
sary, from any adjacent unimprovad lands,
AMI 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, If 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
Tor Road purposes to be levied and collected at
the same time and manner as other property
taxes are ccllected.)
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
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.
IS Whenever any contract for the i'm
Provement OF roads is to to be made, adycr-
tisement thereof shall be riven 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 ut the court house door, ten
days prior 10 the letting of such contract, and
all contracts shall be awarded to the lowest
responsible bidder, subject to the approval OF
I he board OF supervisors. Provided that the
oyerseerS 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
) 9 The board of supervisors of each coun-
ty, on preservation of petitions, praying for a
county road to be laid out within the county,
or praiing for a 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 thereia.
shall cause motto to be given to parties owning
the land over which such road is to be located.
and II objections by one or more of the owners
shall be made, the board of supervisors shall
consider and determine the same al their next
regular meeting, and if they shall be of opin-
ION that such road is necessary, thew snail
appoint two persons rs 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-
Iutely necessary the county surveyor may be
called IN by the supervisors to assist in said
location.
5 10 Elch Road Overseer shall report to
tie Board Of Supervisors quarterly, the a.
mount of money collected and paid out by him
aud to whom, and for what paid, the number
of days he himself has been in actual service
and also list of delinquents, and the said
ovcrseers shall make an affidavit before
Justice Of the Peace that said report and de-
lnquent list IS correct. to the best of his
knowledge and belief, and any person refusing
or negieetIng to pay the road tax required by
TINS act to the overeeer, 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 at public vendue to the
highest bidder, after giving SIX days publica-
ton, the property of such delinquent. or so
much thereof rs shall be necessary to satisfy
such delinquency and cost.
} ii The Oyerseer shall receive for their
services while in actual employment, the same
per diem compensation as Is allowed to the
supervisors OF their respective Counties.
IL II any person shall obstruct any pub
lie Road by telling any tree across the same.
or by placing any o.her obstruction therein,
n
river, or las banks as to destroy "A ford or
crossing he shall be liable to prosecution be-
lore any justice of the peace, by any supervi-
sor OF the county, or over OF the road dis
ttici, on ben II OF the county, and on convic-
ton thereof. shall be hnei In a snm not ex.
ceed'ng hity dollars, and shall forfeit five dol
lars Tor every day he shall suffer said obstruc-
tout remain after he shall have been order
ed 10 remove the same by the overseer.
~ II any person shall wilfuIly 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 anv
tree planted or growing as shade trees in any
public highway, or damage any highway br
digging n 1t, he shall be liable to be prosecu-
ted before any justice Of the peace by any SUI
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
IA All haes collected under the provs-
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 nifty, and an act concerning roads and
highways, passed April nineteenth. eighteen
hundred ffty-three, are hereby repealed.
Approved april 18th. 1856.
STATE OF CALIFORNIA
Office Secretary of State.
hereby certify that the foregoing ia a ,rue
copy Of an original act now on file in this Of
hce Witness my hand and seal of State. at
r. { I Saerart nto, this eleventh day of Nav
A. D. 1886.