The Placer herald., 1862-09-13
PLACER COUNTY ROAD LAW.

| shall collect the road lax In SAID co MY. lhe
Road Tax Collector. or Collectors, in said county
shall have and exercise the same powers in
forcing the collection OF said taxes, as are by law
conf rred in the collection Of The foreign miners
tax, and shall receive the same per centage there
| for
SEC. 2 Said Collectors shall pay over such
moneys us they may receive under the provisions
of this Act. less the per centage allowed them for
collection, to the County Treasurer OF said coun
I y at the same time and in the same manner rs
is provided hy law for the payment OF moneys
collected by them for poll, license, and other
| lakes. in aid county.
SEC g. All moneys collected under the provis
sons OF this act, shall he II separate Road Fund
Tor each collection Dislric, il. which mon " have
been collected. and shall he applied for the pur-
pose Of cOnstrliciin40,ln Keeping in repair. all
pull C roud>. trails and bridges. in said District;
propidtd that such moneys as MY not lie ex
pended for the construction and slry rc-
pairs Of public highways and bridges in said
District. shall he RESERVED, as Il fund Tor the par
chase OF toll roads. toll trails. and toll brd .cS.
in said Districts. or two or more OF said Districts.
which may he joined together for the purpose Of
purchasing such roads. trails or bridges.
SEC. 4. There Shall he elected, in each Road or
Collection District within said county, at the
same time and in he same manner as Justices OF
the Pence are now elected, one Road Comlmis-
>ioner. who shall hold his Office for the term OF
one year. from the first day of December, "A. ID.
eighteen hundred and sixty'twO. and shall he
e, cttd annually thereafter. Said 20 missioner
shall. within twenty days after being "nly notified
OF his election by the County Clerk, OF said
county. qualify in the Clerk $ office OF said coun-
ty in such sum, not to exceed five thousand dol
lars as may be required by the County Judge,
with two or more good and sufficient sureties, TO
be approv' d iy The County Judge.
SEC. 5 1t shall be the duty OF said Road Com
missioner TO construct, ana keep in repair. all
,lc hril in th, District
which he has been elected; prouided that the
expense OF such repairs and construction shall no
year, exceed the amount OF mun"y in the Road
Fund Of his Dis riot, collected Tor said year. un-
less Il surplus fund remain On hand from the year
previous
SEC. 6. All public roads and highways in the
County of Placer, which have been declared such
by the Court of Sessions, or the Board OF Super
visors, and all roads and trails. which may here
after be Laid out under the provisions OF this Act
are hereby declared public highways.
SEC. I. The Commissioner elected under The
provisions Of this Act, shall have the general
care of all public highways and bridges in his
District for this purpose he shall have authority
to employ Eiborers, and purch tse such materials
as mIy lie necessary the cost to he paid from the
Road Fund of his District. Said Commissioner
shall also have power to contract conJolntly with
The Commissioner or Commissioners OF other
Road Districts that may join with him for the
purpose OF purchasing toll roads. toll trails. Or
toll bridges. in said county. and to regulate the
highways already laid out, to alter such OF them
as Shall he deemed nconvenient, and 10 lay out
new roads and trails as hereinafter provided.
SEC. s. No public or private road snail be laid
out through any buildings or fixture OF any kind.
or through any enclosures or cultivated Land
" wilhout The cpnsen. OF the Owncr or owners
thereof except due compensation shall be ltie
such owner or owners. IL hereinafter provided
SIC. 0. Every person liable To he assess d lor
II road tax III sad "un'S may petition the Com
misson,r of tn" District OF wh,rh he is resident
to after discontinue or lay out. any new roe. or
trail in said District. Every such appl ito
shall he made in writing. addressed to the ,on-
missioner. aud signed by at least five PERSONS who
are residents and taxpayers of s;thl District. and
shall st te the point ul beginning. the course, and
terminus OF the proposed road or trail. with par
iicular,y also the chirc and condition Ol the
land, with :hc names of the owners, when known
to them. over wh ch the road or trtl viii pas,
and whether the land be improved or not.
SEC 10. On receiving such application. the
Commissioner may appoint three viewers, who
shall be tax p 'yers OF the county. anl Nlsinttr
esteo in the proposed rOtL Or trail. and who sh,
upon IL day 10 be named by the Cummss. .oncr, at
least ten days after their appointments. as>em,l
to view OIt and ma,k the l.ne OF the proposed
road or trail aud to hear all reasons that may he
offered Tor or against the laying out Of the same;
tAcy shall, within ten days thereafter. report to
by at least two OF them:
First-The feasibility of the proposed road or
trail
Srcond--The necessity Of such road or trail.
Ihtrd-The probable cost O construction
Fourth - The amount ut damages That will be
Sustained by amy person or persons sevcrtlly. by
rcasoL of laying out AMI opening the s,me. with
!, recommendation that the same be, Ur he not,
laid out.
Providtd. that if the Viewers .hall fail to
comply with the Law. in amy essential particular.
the Commiss on,rS may sci .ts,dt tn. report. and
Ur,i,r another vicw TO ne had; prO0tdtd, Iuriher.
that when il road Or trail is pr"p"s,d 10 he I'd
out, through .wO Or more load DISTRICTS, the
Commissioners ia the Districts shall not act coli
jointly in appointing said Viewers. IN laying Out
said road ur trail.
SIC II The Commissioner shall cause three
OF mU,e notices 10 he posted in the most public
places in The vicinity OF the prLposcI Iutd ur
tail, at least ten days plor TO Inc time appOInL-
I'd for the meeting uf all the viewers, stat,uc the
point Il beginning. course ANA terminus, OF the
pI opposed read or trail. also the ntmes OF the
owners, when known, over whose ltud The same
" I'll pass, ld TIE day Oh which the viewers will
ASSEMBLE 10 view and mark out the line Of The
same
SEC. H. The Commissioner shall notify the
owners uf the land, wnen known. over which 1t
is proposed ~ construct the proposed road or
trail. Oi the time and place OF meeting of such
notice served On them or left at the usua place
OF abode or 10y lett + placed in Some post Office
in the county, directed to such person or persons.
respectively 1T the nearest post office to his OF
their residence or residences.
SEC. Is. In Case the viewers report against lay
ing out the proposed road or trail the Commits
soner may refuse to lay out the same; hui if
they report in favor OF the roa or trail aud the
same does not p tss thr,ugh any inclOsed inprOv-
sd. or occupied l,ns, b. IN y, by IN order, TO be
filed with the County Clerk OF said county, lay
out the same. it he shall deem proper to do SO.
SEC H. In case the Viewers report in favor OF
paying damages to any person or persons, in
consequence of laying out any road or trail, attl
the Commissioner, on the part Of the District or
Districts IN which such road or trail is laid out,
IRE satisfied tb such damages are just and re;,-
sonable, and the parry or parties claiming dam
ages are willing to accept the same in full salts
ac,on for such damages. the Commissioner shall
order be amount TO lie paid out oil the Road Fund
belonging to the said District or Districts in pro-
| 70 Mt NJ DANA ora in