The Empire County argus., 1856-02-23
AN ACT
CONCERNING ROADS AND HIGHWAYS.
[Approved April 2s, 1855


[Approved April 2s, 1851
The People Of the State of California represented in
Senate and assembly, do enact as tollows:
SECTION l. 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-
sons 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 Su-
pervisors of each county, to divide the county into
a suitable number of 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 3. The County Clerk of each county shall
notify all persons who have been appointed Road
Overseers within ten days after such appointment
has been made, informing him of such appoint
ment, and describing the boundaries of their dis
trict.
SEC. A. 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 destroyed.
SEC. 5. The Road Overseers shall have power to
make use of any gravel or dirt for improving the
roads, which may be absolutely 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 provided, that said Supervisors shall be
liable to pay damages to the county, at the suit of
any citizen, if it shall be proved that they have al
lowed extraordinary and extravagant damages.
SEC. 8. The Boards of Supervisors shall have
power to levy road tax on all able-bodied men
between the ages of twenty-ohe and fifty years,
which shall not exceed four dollars per annum, and
property tax, which shall not exceed FIVE cents on
each one hundred dollrs, 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, far as it
lates to the road tax shall not apply to any of the
incorporated cities or towns of this State.
Sec. 7. 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 for road purposes shall be collected by
the Overseers in their respective districts provided
that the Board Of Supervisors shall in all cases re-
quire bond of such Overseer, to secure the pay
ment of such moneys as he may receive under the
provisions of this Act.
SEC. s. Whenever any contract for the improve
ment of roads is to be mode, advertisement thereof
shall be 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, or if none be published in the coun
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
bidder, subject to the approval of the Board of Su
pervisors; provided, that the Overseers shall have
power to make contracts for the improvement of
roads, which shall not exceed the sum of fifty dol
lars, at their option such contracts to be approved
by the Board of Supervisors.
Sec. 9. The Board of Supervisors of each county,
on presentation of petition praying for county
road to be laid out within the county, or praying
for 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 therein shall cause notice to be given to
the parties owning the land over which such road
is to be located and if objections by one or more
of the owners shall be made the Board of Super
visors 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 To-
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 in by the Supervi-
sors 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 delin
quents and the said Overseer shall make an affda-
VII before Justce or 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 by 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 bcder, after
giving six days pugc notice. the property of such
delinquent or 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 dammng, digging, or
deepening creek river, or its banks, so as 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 be fined in sum not exceeding fifty
dollars and shall forfeit five dollars for every day
he shall suffer said distraction to remain after he
shall have been ordered to remove the same by the
Overseer.
Sec. l3. If any person shall willy destroy Or in
ure any bridge or causeway, or remove or cause to
be removed, any of the plank timber therefrom,
or cut down or injure any tree planted or growing
as shade tree in any public highway, or damage
any highway by digging in it, he shall be liable to
be prosecuted before any Justice of the Peace by
any Supervisor of the county, in behalf of said
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