The weekly Placer herald., 1855-07-28
An Act concerning Roads & Highways

An Act concerning Roads & Highways.
The People of the State Of California, rep
resented in Senate and assembly, do enact
as .follo,cs:
Sec. |. Roads shall be considered as public
highways, which are now used as such, and
have been declared as such by order of the
Court of Sessions or Board of Supervisors, or
which may be hereafter so declared by the
Board of Supervisors within their respective
counties.
Sec. 2. 1t shall be the duty of the Board of
Supervisors of each county to divide the
county into road districts, and to appoint an
nually. or whenever vacancies may occur, an
Overseer for each district, whom they shall
have power to remove at pleasure.
Sec. 8. The County Clerk of each county
shall notify all persons who have been ap-
pointed Road Overseers, within ten days after
such appointment has been made, informing
them of such appointment and describing the
boundaries of their district
Sec. 4. The Road Overseers shall cause all
the public highways within their respective
districts, to be kept clear from distractions,
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 des-
trOyed
SEC 5. The Road Overseers shall have pow
er to make use of any gravel or dirt for i'm
proving the roads which may be absolutely
necessary, from any adjacent unimproved
lands, and the Board of Supervisors may al
low such damages if there be any, to the
owners of said lands, as they may deem just;
provided, that said Supervisors shall be liable
to pay damages to the county, at the suit of
cbol ha hot how
have allowed extraordinary and extravagant
damages.
SEC. g. The Board of Supervisors shall have
power to levy road tax on all able-bodied
men, between the ages Of twenty-one and fifty
years. which shall not exceed five cents on
each one hundred dollars for road purposes,
to be levied and collected at the same time and
manner as other property taxes are collected;
provided. that the provisions of this section so
far as it relates to the road tax shall not apply
to any of the Incorporated cities or towns OF
this State.
Sec. Z. 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 Overseers sin tbeil
respective Districts that the Board
of Supervisors shall in all cases, require bond
of such Overseer, to secure the payment OF
such monies as he may receive under the pro-
visions Of this act
Sec. s. Whenever any contract for the i'm
provement of roads is to be made advertise
ments thereof shall be given by the overseer
of the district in which such improvement is
to he made, by posting written notices in two
of the most public places of his district, and
by advertisement in one newspaper of the
county, or if none be published in the county
by notice posted at the court house door ter
days prior to the letting of such contract, anC
all contracts shall be awarded to the loves
responsible bidder. subject to the approval o
the Board of Supervisors; provided, that the
Overseers shall have power to make contract
for the improvement of roads. which shall no
exceed the sum of fifty dollars, at their option
such contracts to be approved by the Board o
Supervisors.
SEC. 8. The Board of Supervisors of eacl
county, on presentation of petition, prayin,
for a county road to be laid out within tn
county, or praying for cart road or from on
public road to another and designating th
points therein, shall cause notice to be givel
to parties owning the land, over which eacl
road is to be located, and if objections by ont
or more of the owners shall be made, th'
termine the same, at their next regular meet
ing, and if they shall be of the opinion thai
such a road is necessary, they shall appoint
two persons as viewers W view ..l... .o..-
said road, and upon a return of the viewers
shall declare the same to be public highway
When absolutely necessary the county sur
veyor may be called in by the Supervisors to
assist in said location.
SEC. 10. Each road overseer shall report to
the Board of Supervisors quarterly, the
amount of money collected and paid out by
him, and 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 Overseer shall make an affidavit before a
Justice of the Peace. that said report and de-
linquent list is correct to the best of his
knowledge and belief, and any person refu-
sing or neglecting to pay the road tax re-
quired by this act to the Overseer, on or be-
fore the first day of October of each year
shall be considered delinquent, and the
overseer shall proceed to levy on and sell at
public vendue to the highest bidder, (after
giving six days public nOtice.) the property
of such delinquent, or so much thereof as
shall 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. IL. If any person shall obstruct any
public road by telling any tree across the
same, or by placing any distractions therein,
or damming, digging and deepening creek
or river or it's banks, so as to destroy ford
or crossing, he shall be liable to prosecution
before Justice of the Peace. by any Super
visor of the county or overseer OF the road