Year: 1860




in the Senate and Assembly, do enact as follows


SECTION /. All roads in the county of Nevada
which have been in use thoroughfares for wagons
for period of six months preceding the passage of
this act and all roads which are now used as such
together with the roads which have been or may be
hereafter declared such by the Board of Supervisors
shall be and the same are hereby declared public
highways in the meaning of this act; provided that
roads mining lands, used for the purpose Of
conveying lumber to mining claims, shall not be
considered public highway unless so declared by
the Board of Supervisors.


SEC 2 1t shall be the duty of the Board of Super
visors of Nevada county, TO divide said county into
suitable number of road districts, and to appoint
annually before the first Monday in March, and at
any time thereafter when vacancies shall occur from
any cause Oyerseer for each road district, whom
they shall have power to remove at pleasure.


SEC. 3. Immediately after such appointments are
made the County Clerk shall notify the appointees
of their appointment, and shall furnish to each
Road Overseer description of the boundaries of
hls respective district


SEC. 4. The Road Overseers SHALL before entering
upon the discharge of their dutes enter into bond
with two or more sureties to be approved by the
Board Of Supervisors, in the sum of one thou
sand dollars, conditioned for faithful discharge Of
their duties Road Overseers to the best of their
knowledge and ability which bond shall be executed
to the people of the State of California.


SEC. 5. 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 constructed where the may be necessary,
to keep the same in repair, and to renew the same
when destroyed, and to open up new roads when
ordered by the Board of Supervisors.


SEC. 6. The Road OVerseers shall have power to
make of any gravel, dirt, and rock, for mprov-
ing the roads, which may be absolutely necessary,
from any adjacent unimproved lands, and the Board
Of Supervisors may allow such damages il any there
be, to the owners of said lands, as they may deem
Just; provided that said Board of Supervisors shall
be liable, Jointly and severally TO pay damages to
the county, at the suit Of any citizen, il it shall be
made to appear that they have allowed extraordi-
nary and eXtravagant damages to such property
owners.


SEC. Z. The Clerk of the Board Of Supervisors
shall cause proper blank receipts to be printed, of
uniform appearance, which receipts shall be
signed by the Auditor in writing No other receipts
than the above mentioned shall be used by Road
Overseers, or given in payment for work and labor
performed upon the roads, or for its equivalent in
money as hereinafter provided.


SEC. s. The Auditor, Immediately after the Road
Overseers shall have entered upon the discharge Of
their duties, shall issue to each Road Overseer as
many signed receipts as each OVcrSccr may require,
taking his receipt for the same, and the receipts
delivered to such Overseer shall be accounted
much cash paid him at four dollars each. The Road
Ovcrsecrs shall settle half yearly with the Auditor
to wit on the first Monday in February and Au-
gust, ana all ROAD receipts DN them 10 tle
Auditor shall be deducted from the amount issued
TO each Overscer as aforesaid, and the Overseers
shall account to the Board Of Supervisors at their
annual settlement for all receipts not returned by
them.


SEC. o. Every male resident Of Nevada county,
over twenty-one and under fifty years of age, shall
be required to perform, either in person or by sub
stitute, two days labor the highways in their
spectiye road districts; which labor shall be perform
ed at any time during the year when required by the
Il ~ IA ~.
shall pay to the Road Oyerseer Of his district the
sum of four dollars, for the benefit of the highways
OF the district Whenever the labor required by
this section has been performed by any person, or
instead thereof money paid, the Road Oyerseer shall
deliver to the person entitled thereto Il proper re-
ccpt signed by the Auditor and countersgned by
himself specifying in said receipt whether received
in money labor, and no receipt shall be given for
labor performed upon the roads unless full two days
work has been performed to the satisfaction of the
Road Ovcrsecr.


SEC. 10. The Road Oyerscer shall notify in writ
ing each person resident Of his district, not other
wise exempt, to appear a certain day named, and
at a certain point and hour in the day to do and
perform the labor required Of him by section nine
Of this act. And every person thus notified who
shall fail to appear, either in person by substi-
tute, at the day hour and place designated, or who
appearing shall refuse to perform the labor required
Of him, shall be considered delinquent and shall
be proceeded against as such, and the Road Over
seer shall proceed to collect Of him in money the
sum of four dollars in manner and form as herein
after provided: Provided that nothing herein con-
tanned shall be construed as to prevent the Road
Overseer from accepting the labor at any time from
the delinquent If he shall deem the same advisable


SEC. IL. Whenever any person shall be declared
delinquent, provided in section 10 of this act,
il shall be the duty of the Road Oyerseer to levy
upon any property Of said delinquent which may be
found, and to sell the at auction to the highest
bidder for cash, much thereof may be ne
cessary TO pay the amount Of his delinquency and
costs Of levy and sale; Provided, no sale shall be
valid unless due notice thereof has been posted in
three Of the most public places Of the district of the
time and place Of such sale, at least four days pre-
vous thereto. The Road Oyerseer shall be entitled
20 charge three dollars for his services in levying
upon and advertising property and in selling the
same, and the same shall not in any manner become
a county charge.


SEC. II. Moneys, credits and effects Of the de-


nquent may be attached in the hands Of third par
ties, by the Road Overseer, by delivering to the
party having such credits, moneys or effects Of the
delinquent written order Of garnishment, requir-
ing said party 10 pay TO him the sum of money due
by delinquent; and If the person thus served with
notice shall pay the amount demanded, the Road
Overseer shall deliver TO him receipt therefor in
cludng the costs and charges allowed to the Over
seer viz three dollars, and the receipt thus delivered
shall be legal offset TO any claim existing against
the party garnisheed, in favor Of the delinquent. If
the person on whom the garnishnent is served
shall neglect or refuse to pay to the Road Oyerseer
the sum demanded of him within five days after
receiving said notice, the Road Overseer shall apply
TO any Justice of the Peace Of his township for an
order requiring said person served as aforesaid
TO be and appear before him forthwith, at a GER
tain day named in said order, to under oath
concerning any moneys, credits and effects in his
hands belonging to the delinquent. And if it shall
appear by the answer Of the party, to the satsac-
ton Of the Justice, that he has moneys, effects or
credits in his hands belonging to the delinquent the
Justice shall enter in his docket judgment against
the party thus examined for the sum Of seven dol
lars and costs; four dollars Of which sum shall be
paid TO the Road Overseer and applied by him upon
the construction and repairs Of the highways in his
district and three dollars TO the Road Overseer for
his services. Upon receiving the said sum of seven
dollars the Oyerseer shall execute receipt for the
sum Of four dollars signed by the Auditor, and
receipt for the remainder signed by himself. The
judgment rendered against the person served with
garnishment shall be collected in the same manner
as other judgments of Justices Courts, and shall
be legal offset against the delinquent in favor Of
the judgment debtor.


SEC. 10. The Road Overseers shall have power