paying the damages awarded to landowners, and keeping the same in repair; provided, that the petitioners must accompany the petition with the bond mentioned in section two thousand six hundred and eighty-three, conditioned as provided in said section, and with a further condition that the bondsmen will pay to the person over whose land said road is sought to be opened, his necessary costs and disbursements in contesting the opening of such road, in case the petition be not granted, and the road finally not opened; provided, that all private roads opened, or laid out, under the provisions of this act, shall be upon section or half-section lines wherever practicable.

History: Enacted February 28, 1883, Stats. and Amdts. 1883, p. 15.

See Kerr's Cyc. Pol. C. for 4 pars. annotation.

71 C. 400, 403, 12 P. 337 (cited); 83 C. 507, 511, 23 P. 700, 701 (construed); 102 C. 432, 433, 36 P. 767 (construed with § 2690 and applied); 107 C. 530, 533, 534, 40 P. 800 (construed); 139 C. 128, 130, 134, 135, 72 P. 915 (construed); 32 P. 233 (applied); 79 P. 525 (erroneously cited for § 2682); 3 C. A. 668, 675, 87 P. 27 (referred to).

As to proper party plaintiff in proceedings to condemn private road, see Kerr's Cyc. Pol. C. § 2690 and note.

§ 2693. RECORD OF TRANSFER OF RIGHT OF WAY. In all cases where consent to use the right of way for a highway is voluntarily given, purchased, or condemned, and paid for, either an instrument in writing, conveying the right of way and incidents thereto, signed and acknowledged by the party making it, or a certified copy of the decree of the court condemning the same, must be made and filed and recorded in the office of the recorder of the county, in which the land so conveyed or condemned must be particularly described. History: Enacted February 28, 1883, Stats. and Amdts. 1883,

p. 15.

§ 2694. ROADS CROSSING RAILROADS, CANALS, AND DITCHES. Whenever highways are laid out to cross railroads, canals, or ditches, on public lands, the owners or corporations using the same must, at their own expense, so pre

pare their roads, canals, or ditches that the public highway may cross the same without danger or delay. And when the right of way for a public highway is obtained through the judgment of any court over any railroad, canal, or ditch, no damages must be awarded for the simple right to cross the

same.

History: Enacted February 28, 1883, Stats. and Amdts. 1883, p. 15.

§ 2695. FENCES TO BE REMOVED, HOW. When the alterations of an old or the opening of a new road makes it necessary to remove fences on land given, purchased, or condemned, by order of a court for road or highway purposes, notice to remove the fences must be given by the road overseer to the owner, his occupant or agent, or by posting the same on the fence; and if the same is not done within ten days thereafter, or commenced and prosecuted with due diligence, the road overseer may cause it to be carefully removed at the expense of the owner, and recover of him the cost of such removal, and the fence material may be sold to satisfy the judgment.

History: Enacted February 28, 1883, Stats. and Amdts. 1883, pp. 15-16.

See Kerr's Cyc. Pol. C. for 3 pars. annotation.

77 C. 16, 17, 18 P. 795, 796 (construed with §§ 2731, 2734); 89 C. 11, 14, 26 P. 615, 616 (referred to).

§ 2696. ACQUIRING LAND, PROCEEDINGS FOR. Whenever it shall become necessary to acquire land in order to raise the banks along any stream[s] or remove obstructions therefrom, or widen, change, deepen or straighten their channels for the purpose of protecting any public road or highway, or to construct flumes, ditches or canals, or make other improvements for the purpose of carrying off storm-waters or floods to a place of safety, the board must, by order, direct proceedings to procure land necessary for such purpose to be instituted by the district attorney of the county,

in the name of the county, under and as provided in title seven of part three of the Code of Civil Procedure.

History:

Enacted March 15, 1887, Stats. and Amdts. 1886-7, pp. 150-151; amended March 3, 1903, Stats. and Amdts. 1903, pp. 79-80.

History: For history of these sections, see Kerr's Cyc. Pol. C.

50 C. 471, 473 (applied before its repeal); 70 C. 431, 435, 11 P. 662, 663 (cited as to requirements of section before its repeal).

§ 2711. § 2712. § 2713.

§ 2714.

§ 2715.

§ 2716.

ARTICLE VII.

ERECTION AND MAINTENANCE OF BRIDGES.

Bridges, how maintained, and by whom.

When aid may be given by county for bridge.
Construction and repair of bridges to be let out by
contract.

When one overseer fails to act, who may repair bridge.
When supervisors must repair bridge.

Semiannual meetings for highway and bridge pur-
poses.

$$ 2717-2723. [No such sections.]

§ 2711. BRIDGES, HOW MAINTAINED, AND BY WHOM. All public bridges, not otherwise specially provided.for, are maintained by the road district in which they are situate, the districts which they unite, and the county at large, in the same manner as highways, and under the management and control of the road overseer and the board of supervisors, the expense of constructing, maintaining, and repairing the same being primarily payable out of the road fund of the district in the hands of the county treasurer, and from roadtaxes.

History: Original section enacted March 12, 1872; amended April 16, 1880, Code Amdts. 1880 (Pol. pt.), p. 73; repealed February 28, 1883, Stats. and Amdts. 1883, p. 5. Present section enacted February 28, 1883, Stats. and Amdts. 1883, p. 16.

137 C. 204, 206, 69 P. 962 (referred to).

§ 2712. WHEN AID MAY BE GIVEN BY COUNTY FOR BRIDGE. Whenever it appears to the board of supervisors that any road district is or would be unreasonably burdened by the expense of constructing, or by the maintenance and repairs of any bridge or tunnel connecting or forming a part of a road, or the purchase of toll roads, they may, in their discretion, cause a portion of the aggregate cost or expense to be paid out of the general road fund of the county, or by vote of the majority of the board of supervisors, said board

may, in their discretion, order a portion of the cost of construction and repairs of bridges and tunnels connecting or forming a part of a road, or a portion of the cost of the purchase of toll roads, to be paid out of the county general fund as well as the general road fund.

History: Original section enacted March 12, 1872; repealed February 28, 1883, Stats. and Amdts. 1883, p. 5; present section enacted February 28, 1883, Stats. and Amdts. 1883, p. 16: amended March 15, 1887, Stats. and Amdts. 1887, p. 115; March 23, 1901, Stats. and Amdts. 1900-1, p. 599; February 12, 1903, Stats and Amdts. 1903, pp. 18-19; amended March 13, 1909, Stats. and Amdts. 1909, p. 355.

See Kerr's Cyc. Pol. C. for 2 pars. annotation.

78 C. 493, 496, 21 P. 118, 119 (applied); 150 C. 454, 456, 89 P. 325 (construed and applied with § 2643, subd. 10, and § 2647payment of portion of expense of bridges out of general fund); 153 C. 368, 371, 95 P. 655 (construed with § 4088 post, as to power of board of supervisors to expend money collected from all parts of the county, including municipalities, for repairing bridges).

§ 2713. CONSTRUCTION AND REPAIR OF BRIDGES TO BE LET OUT BY CONTRACT. No bridge, the cost of construction or repair of which will exceed the sum of two hundred dollars, must be constructed or repaired except on the order of the board of supervisors. When ordered to be constructed or repaired, the contract therefor may in their discretion, be let out, and if let, it must be after reasonable notice given by the board of supervisors, by publication at least once a week for two weeks in a county newspaper; and if no paper is published in said county, then by three posted notices, one at the courthouse, one at the point to be bridged, and one at some other neighboring place in the county. All bids shall be sealed; they shall be opened at the time specified in the notice, and the contract awarded to the lowest responsible bidder. The board may, however, reject any and all bids. The contract and bond for its performance must be entered into and approved by the board of supervisors; except, however, in cases of great emergency, by the unanimous consent of the whole board they may proceed at once to replace or repair any and all structures, of whatever na