dissolution. Whenever it shall deem it advisable, the boulevard commission shall, by resolution, order that an election be held in the said district upon the question of dissolution of the district. Such election shall be called and conducted in the same manner as other elections of the district. Upon such dissolution, any property which may have been acquired by such boulevard district shall vest in the county, except that any such property lying within the boundaries of an incorporated city shall vest in such city; provided, however, that if at the time of the election to dissolve such district there be any outstanding bonded indebtedness of such district, then, in such event, the vote to dissolve such district shall dissolve the same for all purposes excepting only the levy and collection of taxes for the payment of such outstanding indebtedness of such district; and from the time such district is thus dissolved until such bonded indebtedness with interest thereon is fully paid, satisfied and discharged, the board of supervisors of the county shall constitute ex officio the boulevard commission of such district. And it is hereby made obligatory upon such board to levy such taxes and perform such other acts as may be necessary in order to raise money for the payinent of such indebtedness, and the interest thereon, as herein provided. [New section added May 29, 1917; Stats. 1917, p. 1312.]

The original section was repealed in 1917. Stats. 1917, p. 1299.

§ 24. Repeal of act of 1909. That certain act entitled "An act to provide for the formation of boulevard districts, and the construction, maintenance, and use of boulevards, and defining the term boulevard," approved March 22, 1905, and the act amendatory thereof, approved April 15, 1909, are hereby repealed.

§ 25. Established districts validated. Any and all boulevard districts heretofore established by order entered by any county board of supervisors under this act, and all amendments thereof or of any section or sections thereof, are hereby declared to be legally organized and existing and all the proceedings on the organization and formation of any and all such boulevard districts are hereby approved and in all respects declared valid, and all boulevard districts are subject to the provisions of this act so far as applicable. [New section added May 29, 1917; Stats. 1917, p. 1313.].

§ 26. Proceeding to determine legality of district. Any district formed hereunder, in order to determine the legality of its existence, may institute a proceeding therefor in the superior court of the county in which it was organized by filing with the clerk of said county a complaint setting forth the name of the district, its exterior boundaries, the date of its organization and a prayer that it be adjudged a legal boulevard district formed under the provisions of this act. The summons in such proceeding shall be addressed generally to all persons interested in said district or in any of the lands therein contained, and shall be served by publishing a copy thereof once a week for four weeks in some newspaper of general circulation published in the said county. Within thirty days after the last publication thereof any person interested may appear and answer said complaint, in which case said answer shall set forth the facts relied upon to show the invalidity of the district. If no answer shall be filed within said time the court must render judgment as prayed for in the complaint. If an answer be filed

the court shall proceed as in other civil cases. Said proceeding is hereby declared to be a proceeding in rem and the judgment rendered therein shall be conclusive against all persons whomsoever and against the state of California. [New section added May 29, 1917; Stats. 1917, p. 1313.]

ACT 3263.

An act to permit counties to acquire rights of way for state highways and to pay part of the expense of constructing state highways and bridges within their limits and authorizing the state to accept the same.

[Approved June 3, 1913. In effect August 10, 1913. Stats. 1913, p. 445.]

§ 1. Acquisition of rights of way and rock quarries for state highways authorized.

§ 1. Acquisition of rights of way and rock quarries for state highways authorized. Whenever it is determined by a four-fifths vote of the board of supervisors of any county that the interests of the county would be promoted thereby, the board of supervisors, upon the recommendation of the advisory board of the department of engineering of the state of California, may, by resolution passed by a fourfifths vote of said county board, determine to acquire by purchase, donation or dedication, or lease any right of way, rock quarry or land needed for state highway purposes and described in such recommendation, and shall proceed, if necessary, to condemn under the provisions of the Code of Civil Procedure relating to such proceedings any right of way, rock quarry or land rcommended to be acquired as aforesaid. The title to such property may be taken in the name of the state or the county. The order of the board of supervisors shall be the only preliminary procedure required prior to the acquisition of such property or the commencement of such condemnation action or actions.

§ 2. Counties may contribute bridges, etc. Whenever it is determined by a four-fifths vote of the board of supervisors of any county that the interests of the county would be promoted thereby, the board of supervisors may, upon the written request of the advisory board of the department of engineering of the state of California, by resolution passed by a four-fifths vote of said county board, determine to contribute bridges, fencing, money, labor, materials and other appurtenances toward the expenses of constructing state highways within their limits.

§ 3. Cost charged to general fund. The cost of such acquisition of property mentioned in section 1 of this act and the contributing of bridges, fencing, money, labor, materials, or other appurtenances mentioned in section 2 of this act may be charged to the general county fund, the general road fund or the district fund of the district or districts benefited.

§ 4. State authorized to receive. The state is hereby authorized to receive and use the benefits provided under this act, and any money contributed by a county shall be paid into the state fund designated

by the board of supervisors in the resolution determining such donation.

АСТ 3264.

An act regulating the making of openings or the placing of structures or the change or renewal of any structure and the planting or removal of trees or shrubs or the placing of obstructions in or on state roads and highways; providing for the issuance of permits by the state department of engineering relative thereto, and for the laying or placing pipes, conduits, sewers, poles, wires, railways, obstructions and other objects, and for the planting, trimming or removal of trees or shrubs in or on state roads and highways; providing for the requirement of bonds from applicants before the issuance of such permits; and prescribing the penalty for violations of the provisions of this act.

[Approved April 23, 1915. Stats. 1915, p. 179.]

§ 1. Permits from department of engineering for openings, etc., in highways. Work done under supervision of department of engineering.

§ 2. Power of railroad commission not limited.

§ 1. Permits from department of engineering for openings, etc., on highways. Work under supervision of department of engineering. No opening shall be made in any state road or highway nor shall any structure be placed thereon, nor shall any structure which has been placed thercon be changed or renewed except in accordance with a permit from the state department of engineering or its duly authorized officers who shall exercise complete and permanent control over such roads or highways. No state road or highway shall be dug up for laying or placing pipes, conduits, sewers, wires, railways or other objects, and no tree or shrub in or on any state road or highway shall be planted, trimmed or removed, and no obstruction placed thereon, without a written permit as hereinbefore provided, and then only in accordance with the regulations of such department of engineering or its duly authorized officers or employees; and the work shall be done under the supervision and to the satisfaction of the department of engineering or its appropriate officers or employees, and the entire expense of replacing the highway in as good condition as before shall be paid by the persons to whom the permit is given or by whom the work is done; but a city or town may, within its corporate limits, dig up a state road or highway without such approval or permit in case of immediate necessity; but in such cases it shall be forthwith replaced in as good condition as before at the expense of the city or town.

Bond of applicant. The department of engineering, or its duly au thorized officers, may, in its discretion, before granting a permit under the provisions of this act, require the applicant to file a satisfactory bond to the people of the state of California in such an amount as may be deemed sufficient by the department of engineering or its duly authorized officers, conditioned for the proper compliance with the requirements of this act by the person granted such permit.

Work without permit, misdemeanor. Any person convicted of making any opening in a state road or highway or placing any structure thereon, or changing or renewing any structure thereon without obtain

ing a permit as herein provided, or not in compliance with the terms of such a permit, or otherwise violating the provisions of this act, shall be guilty of a misdemeanor.

§ 2. Power of railroad commission not limited. This act is not intended nor is it to be construed as limiting the powers and duties vested by law in the railroad commission of the state of California, and in the event of any conflict of jurisdiction, that of such railroad commission shall prevail.

АСТ 3265.

An act to provide for the abandonment of portions of routes of state roads and highways by the advisory board of state department of engineering, and for consent thereto in certain cases by county boards of supervisors.

[Approved May 20, 1915. Stats. 1915, p. 640.]

§ 1. Abandonment of state roads.

§ 1. Abandonment of state roads. The advisory board of the state department of engineering shall have the power to abandon portions of routes of state roads and highways under its jurisdiction, when, in its opinion, such abandonment shall be necessary by reason of alterations or revisions in alignment of portions of routes of state roads and highways by said advisory board and shall be for the best interests of the state. It may abandon any lands or parts thereof or rights in lands which have been taken or acquired by the state for such state road or highway purposes and forming part or portions of routes of state roads and highways as aforesaid by resolution adopted by the advisory board of such department of engineering, and a copy of such resolution may be recorded in the county where such land or part of land to be abandoned is located, without acknowledgment, certificate of acknowledgment, or further proof, and no fee shall be charged for such recording by the county recorder of such county; provided, however, that nothing contained in this act shall authorize and empower said state department of engineering to abandon any portion or portions of any state road or highway where such abandonment will operate to vest or revest the control and maintenance of such portion or portions of state road or highway or state bridge in the board or boards of supervisors of any county or counties wherein such portion or portions proposed to be abandoned are located, without the consent, by formal resolution, of such board or boards of supervisors affected by such abandonment having been first obtained.

АСТ 3266.

An act to provide for the care, management and protection of state highways. [Approved March 24, 1903. Stats. 1903, p. 400.] Repealed 1915, p. 642. See next act.

АСТ 3267.

An act to provide for the care, management and protection of state highways and providing penalties for violations of the provisions of the act.

[Approved May 20, 1915. Stats. 1915, p. 642.]

§ 5.

Penalty for injury to highway. Bridges over irrigation ditches.

Dead animals on highway.

§ 6.

Advertisement on highways.

§ 7.

Penalty for cutting down trees.

§ 8.

Disposition of fines.

§ 9.

Act of 1903 repealed.

§ 10.

Acts repealed.

§ 1. Removal of fences encroaching on highways. If any state road or highway is encroached upon by fences, structures or otherwise the state department of engineering, its appropriate officers or employees may require the removal of the encroachment. Notice must be given to the occupant or the owner of the land or the person causing or owning the encroachment, if such owner, occupant or person, or, in the case of a nonresident, his agent, be known, by personal delivery to him, by leaving at his place of residence or by registered mail; if such owner, occupant, person or agent be unknown such notice must be posted upon the encroachment. Such notice must describe the encroachment to be removed.

§ 2. Penalty for not removing encroachment. If the encroachment is not removed, or commenced to be removed and diligently prosecuted prior to the expiration of five days from the service, mailing or posting of the notice, the one who caused, owns or controls the encroachment shall forfeit ten dollars for each day the same continues unremoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for ordinary travel, or consists of refuse, or is an advertising sign of any description (except as in section 6 of this act provided) the department of engineering, its officers, or employees may forthwith remove, or cause to be removed, such encroachment.

§3. Action to abate. If the encroachment is disputed and denied and the owner, occupant or person controlling the matter or thing charged as being an encroachment refuses to remove or permit the removal thereof, the department of engineering, in the name of the people of the state of California, must commence in the proper court an action to abate the same as a nuisance. If such department recovers judgment it may, in addition to having the nuisance abated, recover ten dollars for every day such nuisance remains after such notice and also its costs in its said action.

§ 4. Department may remove. If the encroachment is not denied but is not removed for five days after the notice given, as provided in section 1 of this act, the department of engineering, its officers or employees may remove the same at the expense of the owner, occupant or person controlling the same, and such department, in the name of the people of the state of California, may recover its costs and expenses therefor, and also ten dollars for each day the same remains after said five days' notice in an action for that purpose.

§ 5. Penalty for injury to highway. Bridges over irrigation ditches. Dead animals on highway. Whoever obstructs or injures any state