The daily Butte record., 1858-05-27


poll taxes in said county are assessed and COLES ted
To this fund the the Treasurer Of the county shall
the fund created under this is hereby denomnated
the Special Road Fund" and the bonds shall be :
drawn payable out Of that fund. IL
SEC IL The County Trea urer Of saif county shall
set part out of said fund. sufficient sum to pay
the interest it may fall dEe; aud fthere should
be deficiency in said fund, he shall pay the the
deficiency bu of the General County Fund.-, and
replace the amount from the Special Road Fund {
when collected.
$50 II Thomas Wells J. W. Mason. and VI
Pence Of Butte county. are hereby constituted and
appointed Board of Wagon Road Comms ssioners,
who shall soon practicable, caused to be oca-
ted improved or constructed, public wagon road
from OrOvlle. Buue county. passing thence via
what's now called Menienhalls Ranch, over the
best and most practicable rou,e to the southeast
side Of Middle Feather River, and from the north
side Of said river thence the shortest and most
practicable route to and intersecting the dividing
line between Butte and Plumas counties, where the
Bidwel and American valley road passes Said |
Commissioners shall also cause to be located, i'm.
proved or constructed. public wagon road from
Oiovie. passing thence over the shortest aud most
practicable route via. Pence's Ranch to and inter
secting the Orovlle and Honey Lake road on
tho northwest side of Feather eiver at the dividing
line between Butte aDd Pumas counties. And the |
said commissioners ia locating and establishing each
of SAID roads shall take into consideration the i'm
provements and invest nents that have now been
made TO accommodate the travelling public, aud |
also the accommodation Of any town or village To-
Gated along the line of the present established
routes. Aud said commis toner's are hereby
| thorzet and empowered to expeDd on each Of said
roads, the sum of fourteen thousand dollars in the
survey location and construction of the same which
amounts thus appropriated for each road is hereby
pledged and hypothecated an inv olable fund for
the completion of the same the line of the routes
hereH bofo Indicated. When either both of said
roads shall have been completed the surplus of the
fund for such road roads, the case may be, or
that may arise from the two thousand dollar fund.
shall be expended by the Board of Supervisors of
! said county in the improvement of any public road
now established in said county, as they may think
just and proper, and for the Improvement of such
public road or roads said surplu, Is hereby p dyed
l The Surveying engineering necessary to be lone
in locating and constructing said roads by SAID
mssioners, shall be done by the county Surveyor or
under his supervision. No toll road or any other
road or Investment therein, now on~tructed or in
process Of construction, or that shall hereafter be
constructed, shall be purchased under this Act.
SEC -. Any two Of said commissioners, appo ntcd
under the provisions of this act, are hereby author
iz-d and empowered to make contracts and to all
acts aud thing herein con empated and necessary
to be done, and the same shall bs eifsctual ami
valid as if made hy all such commisso 1eTs.
SEQ IL Said Commissioners shall have prepared
plans AMI specifications of the character grade and
Dimensions of said roads, aul as they hill have
been fully prepared aud settled for each road they
shah aiyeri,e for at least ten DAYS in new pa per
in Butte county. for sealed proposals fpr the per
Drmtncs OF the sork to he done in im rowing aud
constructing sl roads Said contract or contracts
each ro,i shall be let out in sections of ten
or miles in length said bids shall specify the
rates at which the work will be done, PAYABLE in
bonds issued under this act at par value, and also
at what rates payable in cash. The Commi ssiOnerS
shall after opening the proposals that may be re-
ceive. let the WORK 10y contract TO the lowest and
most responsible bidder ur bidders provided, that
il none of the bids be satisfactory to the ConmiS
sioners then the Commit, ,siouerS may advertise again
for sealed proposals; and provided further that the
accepted bidder bidders shall give bonds in double
the amount of their contract. with two or more
suret es to be approved by the Comm toner's, aud
con iitoned for the faithful performance of such
contract and in case of the failure on the part of
accepted bidder, to give satisfactory security then
the Commissioners may in their discretion accept
the next lowest bid.
SEQ lj Said Commissioners hereby required
to keep minute account of all expenses that mly
ne m ,de the survey location and construction of
said roads, and to repDrt the same to the Board oil
supervisors of said couny, at such times "a they
may re ,uire aud shey are further autho izci AMI
required to such roads To be located n proved
ami construct i, as far as practicable, 10y the first
day of December Of the present year; and the loca
ton of the said roads the letting of the contracts
and the construction of the same shall be done by
sections. consecutively nu hrred the line Of each
| route, IN the order hereinbciors designated; Com
mencng at oroyil,e. ana running thence on the tine
of the prupp ed route tn lis terminus The contracts
shall he let and tho work commenced as soon a.
practicable.
| SEC IL In payment of any contract, demand or
liability created in constructing improving said
| roads, the sane shall be certified 10y the Commis
sioners to the Board of Supervisors OF said county
who sha thereupon cause tho bonds to be issued
provided IN section Tth of this act which bonds.
the proceeds thereof shall be applied to .he pay
mont of said contract contracts, according to
their terms, ani to this eni the Dptri of Sgpervi
sOrs In said county authorized to have said bonds
caShed, to meet the tyment of any contractor con
tracts and not otherwise, provided said bonds shall
not be cashei at discount greater than ten per
| cent.
SRC. II. The Commissioners or g ther of them ac-
ting under by virtue Of this act, shall not either
directly or indirectly, he in any mtuner interested
in any contract or Undertaking, oither for supplies
materials otherwise, in the construction or i'm
provement of said reads Any violation OF this sec
| tton shall be- deemed misdemcanor; ani, upon con
| before cpmpetOnt tribunal
be fined in any sum not less than one thousand dol
| lars.
SEC. Is, Any expenditures ma le, or contracts en-
tered INTO, by said Comm Ssioners beyond the am mt
of bonds Appropriated aud authorized to be issued
by this act for the roads placed under their super
| visions, shall be null and void.
| SEC ~ The ,mpansation of each Commissioner
shall ba six dollars per day for actual service paya
| BILE in bonds issued uner this Act. Said Commits
sioners shall certify to the correctness Of amount
each to the Board Of Supery in said county, who
shall audit the same. Ii correct, aud order ii to be
paid: provided that the amount allowed aS compen.
saion to each Comnis ,ioner sh all exceed in the
aggregate six hundred dollars in any one year
SEo. 20 Should a vacancy, from death or resgna-
ton, occur in the Hoard OF Commissioners. before
the objects of tins Act shall have been carried out
the vacancy shall be filled hy an appointment, 10y
the Board of Supervisors of said county, and such
person or persons SO appointed, shall have, and
hereby invested with all duties, responsbit aud
authority OF that ohice rs 1t he had been appointed
| by this act originally
SEo II The bonds that are required to be issued
under this Act, shall not be issued, except upona
proposition to issue said bonds to the electors of
Butte county, at the next general election the M l.
iorty of this electors voting upon said propositoI
shall be in favor of Issuing said bonds aud to give
nl orce and effect to this Act il is hereby made the
duty OF the Board of Supervisors of said county to
submit to the qualified electors at the general
election in their county the proposition issue said
bonds Those voting for said propositions shall have
written or printed their ballots: County bouds
for railroad aud wagon roads-Yes," or County
bonds for a railroad ami wagon roads-No said
vote shall be canvassed by the board of of
Said county at the same tins and in the manner as
tue yetss cast tor state and county officers, and the
result Of said voting shall be entered upon the rec
oris OF the Board OF Canvasssers aud II said propo
sition shal receive ipijority OF said votes shall
be lawful to issue said blnis aud not otherwise for
the pnFPS'es herenbefore enumerated
| Approved April 23rd 1858