Butte record., 1855-09-15
AN ACT CONCERNING ROADS AND
| SxGSyWAYS.


The People Of The State gf California, rep
resented in Senate and assembly, do enact
as toliolcs:
81 All roads shall be considered as public
highways which are now used such, and
have been declared such by order Of the court
of sessions or board of supervisors, or which
NAV hereafter be declared by the board Of
supervisors within their respective counties.
81 1t shall be the duty OF the board Of >u-
nerv -ars of each county, to divide the county
ifnto suit,,, HE number of road districts. aud
80 o,',o,nt opn,.-ly, or whenever vacancies
NAV dceur, an oversee" for each district whom
thew shall have power to r,,'''eve at pleasure.
IS The county clerk of eacn county shai,
ro.ify all persons who have been ."poihle'
road ,verseers. within ten days after sL 'u ap'
1ointme,.t has been made, Informing then. u
} : appoin .,rent. and describing the bounda-
ries o1 their distuct'
T., Road Cserseers shall cause all the
d. ,io III. VS. within their respective dis
tricts cts to be kent lear fro'l DISTINCTIONS ana
in GOOD renair csue, 7g banks to be graded
BRIDGES and causways to be III 'de where tne
same nav be necessary a. keep 'ue same IN
oood renair ard to renew then. when NStroy
ed :,
s 5 The Road Overseers shall ha We pow
to make use of any gravel or dirt for IN. VI "
ing the roads which may be absolutely nee, >
sary, from any adjacent unimproyed 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
izen. If it shall be proved that they have al
lowed extraordinary and extravagant damages
pIa ofG prviSO
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 a property tax, which shall not ex.
ceed five cents on each one hundred dollars
for Road purposes to be levied and collected at
the same time and a 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 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 -
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 public places of his district, and
by advertisement in one newspaper of the
county, or if none be published iu 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.
50 The board of supervisors of each coun
ty, on presen4aton of petitions, praying for a
county road to be laid out within the county,
or praEing 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
an nther, and designating the points therein,
shall cause motto to be given to parties owning
the Ia nd ever which such road is to be located
and if O Siec tions by one or more of the owners
shall he 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 roa,, is necessary, they shall
appoint two persons as viewers to view out and
locate said road, and upon the return of the
certificate of the viewers, -si!all declare the
same to be a public highway. When abso-
lutey necessary the county surveyor may be
called in by the supervisors to assist in said
location.
& 10 Each Road Oyerscer 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 number
of days he himself has been in actual service,
and also a list Of delinquents, and the said
ovcrseers shall make an affidavit before
Justice of the Peace that said report and de-
linqueat 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-
cred a delinquent. and the overseer shalt pro
ceed 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
services while in actual employment, the same
per diem compensation as is allowed to the
Supervisors of their respective Counties.
s II If any person shall obstruct any pub
lie Road by telling any tree across the same,
or by placing any other obstruction therein,
or daming, digging or deepening, n creek or
river, or its banks so as to destroy ford or
crossing. he shall be liable to prosecution be-
fore any justice of the peace, by any supervi
sor Of the county, or over seer OF the road dis
trict, on behalf of the county, and on convic-
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
ton to remain after he shall have been order
ed to remove the same by the overseer.
13 If 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 injure any
tree planted or growing as shade trees in any
public highway, or damage any highway By
digging in it, he shall be liable to be prosecu-
ted before any justice of the peace, by any su
pervis0r of the county, in behalf of said county
and on conviction thereof, shall be fined in
sum not to exceed one hundred dollars.
5 IA All fines 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.
Is An act concerning roads and hig III
ways. passed April eleventh. eighteen hundred
and fifty, and an act concerning roads and
highways, passed April nineteenth, eighteen
hundred fifty-three, are hereby repealed.
Approved april 28th. 1855.
STArE OF 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
[L.S1 Sacramento, this eleventh day Of May,
D. 1855