Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-07-28
j NJ. ANDERSON,
Clerk of the Assembly.
AN aCT CONCERNING ROADS AND
HIGHWAYS.

HIGHWAYS.
The People Of iAr Staie Of California, rep
resented in Senate and assembly, do enac
as teiiotcs:
; 81 All roads shall be considered as public
highways which are now used as such, and
have been declared such by order Of tlfe cour'
: of sessions or board OF super visors, or which
may hereafter be declared by the board {"
supervisors within their respective counties.
! 50 1t shall be the duty Of the board of ~
ne, --'s"rs of each county, to divide the county
INTO a sp;t,ble nrmber of road districts. aud
10 appoint annually. or whenever sacnncleS
may occur, an overseer for each 1'@'ii .'' VIM
4 they shall have power to remove at pleasure.
/ So The county clerk of each county, shan
notify all persons who have been appointed
road overseers within ten days after such ap
pointment has been made, informing them OF
such appointment. and describing the bounda
ries of their district.
The Road Overseers shall cause all the
Public1Iighways within their respective dis
tricts to be kept clear from distractions, and
in good repair. causing banks TO be graded
bridges and eausways to be made where the
same may be necessary TO keep the same III
good repair ard TO renew them when distroy-
ed
IS The Road Overseers shall havs power
ing the roads which may be absolutely neces
sary, from any adjacent unimproved lands
and the Board of Supervisors may allow suci
| damages if there be any, to the owners O.
said lands as they may deem just, provided
that said supervisors shall not be Liable to pay
manages to the County at the suit of any cit
izen, II it shall be proved that they have al
lowed extraordinary and extravagant damage
s 6 The Board of Supervisors snail hav,
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 five cents on each one hundred dollars
Tor Road purposes to be levied and collected Al
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, in the
same manner as in the collection of other
taxes, but all road taxes for road purpose s
shall be collected by the overseers in thei
respective districts.
| Provided, that the Board Of Supervisors
shall in all cases require a bond of such over
seer to secure the payment of such monies a.
he may receive under the provisions of this
I act.
So Whenever any contract for the i'm
proyement of roads is to to be made, ndver-
| tisement thereof shall be riven by the over-eel
of the district in which such improvement l.
to be made, by dosting written notices in two
of the most pubic places of his district, anu
| 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 lowesi
responsible bidder, subject to the approval OF
the board of supervisors. Provided, that the
y, ali l.,,-
/ or the improvement of roads, which shall not
exc eed the sum of fifty dollars, at their option
such contracts to be approved by the board OF
supervisors.
50 The board Of supervisors Of each couu
ty, on presentation Of petitions, praying for "A
county road to be laid out within the county,
ur praI ing for cart road to be laid out from,
the dwelling or plantation of any person. t.,
any public road, or from one public road to
another, and designating the points thereih
shall cause motto to be given to parties owning
the land over which such road is to be loca ted
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. and upon the return of the
ceTIlDCi'e Vi me Viewers, SHAH u6CiITe the
same 10 be o public highway. When abso-
lutely necessary the county surveyor may be
called in BY the supervisors to assist in said
location.
s 10 Each Road Ovcrseer shall report to
Tie Board of Supervisors quarterly. the a
mount Of money collected and paid out by him
and TO whom, and for what paid the numbe,
Of days he himself has been in actual service,
aud also a list OF delinquents. and the said
ovcrseers shall make afilavit before
Justice of the Pence that said report and de
linquent list Is correct. TO the best of HIS
knowledge and belief and any person refusing
or neglecting to pay the ROAD tax required by
! this act to the overseer, on or before the first
day of October OF each year, shall be consid
/ erei n 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 as shall be necessary to satisfy
such delinquency and cost.
| s IL The Overseer shall receive for their
SCI vices while in actual employment, the same
per diem compensation as is allowed to the
Supervisors of their respective Counties.
II lfany person shall obstruct any pub
lie Road by telling any tree across the same,
or by placing any o.her obstruction therein.
or daming, digging or deepening. creek or
crossing. he shall be liable to prosecution be-
fore any justice of the peace, by any supervi-
sor Of the county, or oyeTseer OF the roal dis
trict, on behalf of the county, and on convlc-
ton thereof shall be fined IN n snm not ex.
ceed;ng fifty dollars, and shall forfeit FIVE dol
lars for every day he shall suffer said obstruc-
ton TO remain after he shall have been order
ed to remove the same By the overseer.
: IS fany person shall wiifully destroy
or injure any bridge. or causeway, or remove
or cause to be removed. auy of the plank or
timber therefroni, or cut down or injure any
tree planted or growing as shade trees in any
public highway, or damage any highway hJ
digging in it, he shall be liable 10 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
sum not to exceed one hundred dollars
IA All fines collected under the provis-
ions OF this act, shall be paid into the county
treasurer for the use of the road district ia
which the same was collected.
5 Is An act concerning roads and high
ways. passed April eleventh, eighteen hundre ed
and fifty, and act concerning roads and
highways. passed April nineteenth, eighteen
hundred fifty three, are hereby repealed.
Approved 4pril osth. 1856,
STATE IF CALIFORNIA.
Office Secretary Of State.
hereby certify that the foregoing is true
copy Of an original act now on file in this Of
fee. Witness my hand and seal of State. at
Ssoramentn this eleventh day of Nav