The Empire County argus., 1855-09-15
AN ACT
CONCERNING ROADS AND HIGHWAYS.


The People of the State OF California; represented in
Senate and assembly, do enact as folloars:
SECTION |. All roads shall be considered as pub
lie highways which are now used as such. and have
been declared snch by order of the Court of Ses-
sions or Board of Supervisors, which may be
hereafter 50 declared Ly the Board of Supervisors
within their respective counties.
SEC. 2 1t shall be the duty of the Board of Su-
pervisors of each county to divide the county into
suitable number ot 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.
SEC 8. he County Clerk of each county shall
notify all persons who have been appointed Road
Oyerseers, within ten days after such appointment
has been made, informing him of such appoint
ment and describing the boundaries of their dis
trict.
SEC f. The Road Overseers shall cause all the
public highways within their respective districts
be kept clear rom Instructions and in good repair
causing banks to be graded, bridges and causeways
to be made where the same may be necessary. to
keep the same in good repair, and to renew them
when destroyed
SEC. S. Tie Road Overseers shall have power to
make use of any gravel or dirt for improving the
roads, which may be absolutey y necessary. 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; proUidet that said Supervisors shall he
liable 10 pay damages to the county at the suit of
any citizen it 1t shall be proved that they have al
lowed extraordinary and txtravagant damages.
SEC. =. he Boards of Supervisors shall have
power to levy a road tax on all able bodied men
between the ages Of twenty-ohe and fifty years
which shall not ex, ed four dollars per annum, and
property tax. which shall not exceed five cents on
each one hundred dolIrs for road purposes, to be
levied and c. llected at the same time and manner
as other pr perty taxes are collected pr0Ueded
that the provisions of this section. far as re-
lates to the road tax, shall not apply to any Of the
incorporated cities towns of this state
SEC I. The property tax so levied shall be col
lected by the Sheriff of the county in the same
manner rs in the collection of other taxes but all
road taxes tor road purposes shall be collected by
the Ovcrseers in their respective Districts prOUlded
that the Board OF Supervisors shall in all Cases re-
quire a bond of such Overseer to secure the pay
ment of such moneys as he may receive under the
provisions ot this Act
SEC 8. Whenever any contract for the impio ove-
ment of roads is to be mode advertisement thereof
shall te given by the OverSeer of the district in
which such improvement is to be made. by posting
written notices in two of the most public places Of
his district, and by advertisement in one newspaper
of the county if none be published in the conn-
ty. by notice posted at the court house door ten
days prior to the letting of such contract; and all
contracts shall be awarded to the lowest responsible
pervisors provided, that the Overseers shall have
power to make contracts for the improvement of
rOads which shall not exceed the sum ut fifty dol
lars. at their option; such contracts to he approved
by the Board Of Supervisors.
SEC. 9 The Board of Supervisors of each county.
on presentation of petition praying for coun'y
road to be laid out within the county or praying
for Cart road to be laid out from the dwelling
plantation of any person to any public road, or
from one public road to another, and designating
the points therein, shall cause notice to be given
the parties owning the land over which such road
is to be located and if objections by one more
Of the owners shall be made, the Board of Super
vsors shall consider and determine the same at
their next regular meeting and if they shall be of
the opinion that such road is necessary, they shall
appoint two persons as viewers, to view out and lo
cate said road and upon return Of the certif-
cate of the viewers, shall declare the same to be
public highway When absolutely necessary, the
County Surveyor may be called i'll by the Supervi-
sors to assist in said lncation.
SEC. To- Each Road Ovtrsecr shall report to the
Board Of Supervisors quarterly, the amount OF
money collected and paid out by him. and to whom
and fr what paid, tie number Of days he himself
has been actual service. and also list uf delln
qurnts and the said Oyerseer shall make an athJa-
Wit before ju tce of the peace, that said report
and delinquent list is correct, to the best OF his
knowledge and belief; and any person refusing or
neglecting to pay the road tax required hy this
Act to the Overseer. on or before the first day OF
October of each year, shall be considered delin-
quent, and the Overseer shall proceed to levy and
sell at public vendue, to the highest bicder, after
giving six days puglic notice. the property of such
delinquent, much thereof as may be necessary
to satisfy such delinquency and cost
SEC. IL. The Overseers shall receive for their
services while in actual employment the same per
diem compensation as is allowed to the Supervisors
of their respective counties
SEC. II. If any perso shall obstruct any road, by
telling any tree across the same, or by placing any
other obstruction therein, or damming, digging Or
deepening creek or river, or Its banks, to
destroy ford or crossing, he shall be liable to
prosecution before any Justice of the Peace. by any
Supervisor of the county, or Overseer Of the road
district. on behalf of the county and on conviction
thereof shall he fined in sum not exceeding fifty
dollars and shall forfeit five dollars for every day
he shall suffer said distraction to remain. after lie
hall have been ordered to remove the same by the
| Overseer
SEC. l3. If any person shall willy destroy or in
iure any bridge or causeway. remove or cause to
he removed. any Of the plank or timber therefrom,
Or cut down or injure any tree planted or growing
as shade tree in any public highway. or damage
any highway by ligging in it, he shall he liable to
| be prosecuted before any Justice of the Peace hy
any Supervisor of the county. in behalf of said
county, and on conviction thereof shall be fined in
a sum not to exceed one hundred dollars
| SEC. H. All fines collected under the provisions
Of this Act shall be paid into the county treasury
for the use Of the road district in which the same
was collected.
SEC Is An Act concerning roads and highways