The Placer herald., 1872-02-17

Board of Supervisors each road-maser shall
present to the Board sworn statement Of
the amount of materials obtained, the amount
of contracts and with whom they were made,
the number Of days and parts of o.ys SER
vice by him actually aud necessarily per-
formed, the character and kind Of work done,
the portions Of the roads repaired and the
nature Of such repairs, the number of per-
sons employed and the length Of time each
has labored in making repairs; and shall at
the expiration of his term of Office account
for and deliver to his successor in Office all
tools and implements Of any kind and de-
scription belonging TO his district, taking a
receipt therefor, which receipt shall be filed
with the clerk of the Board of Supervisors;
and in payment for all services performed
under the provisions of this Act be shall be
allowed such sum as the Board of Scper-
visors may deem just, not to exceed three
dollars per day.
Sec. 8. The Board of Supervisors of the
county of Placer shall have the power to
alter or discontinue any public highway here
after built, Or to lay out any new road
or highway, or to purchase any toll road and
dedicate the same to public use in the county
Of Placer, and may take and appropriate
the lands and improvements of private per-
sons for that purpose, upon making just
compensation therefor in the manner herein
after provided.
See. 10. Application for the laying out of
a new public road or trail, or for the atera-
ton of public road or trail already estab-
lished, shall be made by petition of at least
ten resident taxpayers of the district in
which such road or proposed road is situated,
in writing. to the Board of Supervisors, at a
regular meeting of said Board, and shall
designate plainly the beginning, general route
and termination of such proposed new road
or alteration of a road; but no petition shall
be considered unless it be accompanied 10y an
affidavit of one Or more of the petitioners,
stating that all parties occupying and all the
parties owning land along the line of the pro-
posed road or trail have been duly notified
by written notice served on them person
ally, Or left at their place of residence, Of
the time and place when such petition will be
presented TO the Board of Supervisors; and
further stating that such notice had been
served at least ten days before the meeting
of said Board at which said petition is to be
presented; provided that when the owner of
any land over which it is proposed to locate
a public road or highway are unknown, it
shall be sufficient that the affidavit state that
the parties occupying the same have been
duly notified.
Sec. II. At the meeting designated in
the notice referred to in the preceding sec
iion, the Board of Supervisors may proceed
to hear all objections to the proposed road or
trail, or alteration of roads or trails, or they
may in their discretion defer action upon the
petition to such time as they may appoint,
after having heard and considered the objec-
ions to the proposed road or trail or altera-
ton, the Board of Supervisors shall, if they
deem such proposed road, trail or alteration
necessary, issue an order of location and ap-
point two disinterested persons to act as
viewers, and may, in their discretion, direct
the County Surveyor to make an accurate
survey thereof under the direction of said
viewers, who shall report the proposed alter
atons or location of such roads or trails, a
correct plat and description of which, to-
gether with report in writing of the char
acter and quality of land taken by the pro-
posed road or trail from the several owners
or occupants on the route thereof, shall be
returned to the Board within the time speci-
fed in the order of location.
Sec. IL. Any person claiming damages
for the opening of any new road or trail, or
the alteration of any road or trail under the
provisions of this Act, must, within ten days
after the fling of the report of the viewers,
as provided in the preceding section, file with
the Board of Supervisors, statement, in
writing, setting forth the amount and nature
of the damages claimed. The Board of
Supervisors, after hearing any competent
evidence, either the petitioners for the pro-
posed new road or trail or the person or per-
sons claiming damages, may offer, shall
thereupon assess and award such damages
as to them may seem just and equitable, and
shall, by an order entered in the Record
Book of Roads and Highways, direct the
Road Master of the district in which such
proposed road or trail may be situated, to
tender to the party or parties TO whom such
damages has been awarded the full amount
so awarded; and it is hereby made the duty
of the County Auditor to draw his warrant
on the road fund of such road district for
the amount of such damages. If all the
parties claiming damages shall accept the
amount as awarded by the Board of Super
visors, the Road Master shall certify the
same to the clerk of the Board, who shall
enter the same in the Record Book of Roads
and Highways, and it shall be the duty of
the Road Master to lay out and open such
road or trail or alteration of road Or trail
in accordance with the report of said viewers
as hereinafter provided. At any time within
thirty days after the tender of the award
made by the Road Master, any person re-
fusing to accept the same may commence an
action against the county in his or her name
before any Justice of the Peace of the town
ship ip which such road or trail may be stu
ated, for the assessing Of such damages;
said Justice shall, upon the commencement
of such action, set day, not less than ten