Amador weekly ledger., 1858-05-15
Act of April 2Sth, 1855,
Concerning Roads and Highoavs.

considered as prblc highways which are now
used as such, and have been declared such by
order of the court Of sessions or board of
supervisors, or which may he hereafter so de-
clared by the board of supervisors within
their respective counties.
ART 3l37, Sec. 2. 1t shall be the duty
of the board of supervisors 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 pow
er to remove at pleasure
ART 313S, Sec. g. 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 them of such appointment, and
describing the boundaries of their district.
ART 3139 Sec. 4. The road overseers
shall cause all public highways within their
respective districts to be kept clear from OBJ
structlons 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 renew
them when destroyed.
ART 3l40, 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 Super
visors 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 il shall be proved
that they have allowed extraordinary and
extravagant damages.
ART. BAL Sec g. The Board Of Super
vlsors 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 in the same manner, as
other property taxes are collected; prOUided
that the provisions of this section, so far as it
relates to the road tax, shall not apply to
any Of the Incorporated cities of this State:
and, prOrlded further, that any person liable
to pay road tax as herein provided, may, at
his option, pay the same in labor on the road,
under the direction of the road overseer, at
the rate of two dollars per day Am. April
10, 1856; r. S. st. 1855, 1872.
Sec. I. 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 in their
respective districts; prortded, that the Board
of Supervisors shall in all cases REQUIRE a
bond of such overseer to secure the payment
of such moneys as he may receive under the
provisions of this act.
ART. 3l42, Sec. 8. Whenever any con.
tract for the improvement of the roads is to
be made. advertisement thereof shall be Civ
; en- 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 il none
be published in the county, 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 supervisors prorided, that the overseers
shall have power to make contracts for the
Improvement of roads, which shall not ex-
coed the sum of fifty dollars, at their option;
such contracts to be approved by the board
of supervisors
ART. 3l43, Sec. 9. The board of super.
visors Of each county, on presentation Of pc.
tition praying for county road to be laid
out within the county, or praying for cart
road to be laid ont from the dwelling or plan
tation of any person to any public road, OF
} from one public road to another, and design
: ating the points therein, shall cause notice tc
} be given to the parties owning the land ovel
which such road is to be located and if OBJ
jections by one or more of the owners shall
be made, the board of supervisors shall con
slider and determine the same at their mex
} regular meeting, and if they shall be of th,
opinion that such road is necessary, they
shall appoint two persons as viewers, to view
) out and locate said road and upon return
: of the certificate of the viewers, shall declar,
the same to be public highway. WheI
absolutely necessary, the county surveyor mal
be called in by the supervisors to assist in sale
, location.
) ART. 3l44, Sec. 10. Each road oversee
} shall report to the board of supervisors quar-
tery, the amount of money collected anC
paid out by him, and to whom, aud for wha
paid the number of days he has been il
actual service, and also list of delinquents
and the said overseers shall make an affidavit
I before justice of the peace, or some othel
I officer qualified to administer oaths, that th'
S said report aud delinquent list are correct, tC
0 the best of bis knowledge and belief anC
: any person refusing or neglectng to pay thu
Q road tax required by this act, to the over
e seer, within three days after the said ia,
shall have been demanded, in writing, of him
by such oyerseer shall be considered delin
: II .Lo o,a,.oor sbo1I ,,rooaad to Law,