practice medicine and surgery under the laws of the state. "Suitable graduate of medicine” construed. People v. Eichelroth, 78 Cal. 142.

SUBDIVISION 8: Supervisors may be restrained by injunction from awarding contract for erecting county jail where the element of competition among bidders has been eliminated by allowing bidders to furnish the plans upon which their respective bids are made. The supervisors have no power to let contract for construction of jail, or a material part of jail upon plans furnished by the respective bidders. Competition is contemplated by the law, and plans prepared for the board must be bid upon by all intending contractors. Ertle v. Leary, 114 Cal. 241.

No alterations of plans increasing cost can. be made except upon vote of two-thirds of members. Section 37, this act, infra.

SUBDIVISION 9: A resolution of the board of supervisors adopting certain plans for a jail submitted to them by an architect in pursuance of their proposal therefor, on condition that the board receive a bid from a reliable party who would give sufficient bonds to erect the jail in conformity with the plans for a specified sum, is an "adoption" of such plans. within the meaning of subdivision 9, section 25 of county government act of 1883. Hall v. County of Los Angeles, 74 Cal. 506.

The provision requiring notice by publition to be given for sixty days before letting atracts for the erection, building, etc., of rthouses and other public buildings does

not apply to repairs such as alterations in the courthouse and laying walks and making improvements upon the grounds. McGowan v. Ford, 107 Cal. 183.

The cells of a jail are part of the building, and contract for constructing same must be let only in accordance with these provisions. To receive bids and let contract on plans furnished by the respective bidders, is a violation of these provisions and unlawful. Ertle v. Leary et al., 114 Cal. 238.

SUBDIVISION 10: Supervisors may employ an expert to examine the books of county officers. Harris v. Gibbins, 114 Cal. 418.

SUBDIVISION 12: Highways include bridges. Political Code section 2618. And

The supervisors have power to call elections for levying taxes in road districts. Political Code sections 1054 to 1056. And

The action of the supervisors in ordering a special election in a road district, and directing publication of the proclamation, may be proved by oral evidence, if the clerk has neglected to record such action. The failure of the clerk to affix the official seal to, or properly record the official acts of the board does not necessarily affect their validity. The validity of the acts of the board does not depend upon the diligence of the clerk. County of San Luis Obispo v. White, 91 Cal. 435.

Subdivision 13 of section 25, of act of 1883, which corresponds to subdivision 12 of present section 25, is considered in connection and by way of comparison with section 37 of Wright

corporate duty, and to regard such corporations in this respect as public or state agencies, and not liable to be sued civilly for damages caused by negligence to perform this duty, unless the right of action be expressly given by statute. And

A provision in a statute that "the county is responsible for providing and keeping passable and in good repair bridges and all public highways," is not equivalent to saying that the county shall be responsible in damages for a failure to keep a bridge in repair. Barnett v. Contra Costa County, 67 Cal. 78.

Section 551, Civil Code, requiring every water or canal corporation to construct and keep in repair for public use across their canal, flume, etc., all bridges that the supervisors may require, has not been repealed by section 2737, Political Code, as amended in 1883. There is no conflict between the sections, and it is not incumbent on the road overseer to construct such bridge and then recover the cost from the canal company. Mandamus will lie to compel the canal company to construct such bridge. County of Fresno v. Canal Co., 68 Cal. 359. See also Fresno v. Fresno C. & I. Co., 98 Cal. 183.

"Dedication" of a road as a public highway is a conclusion of fact to be drawn from all the circumstances of each particular case, and can not be presumed in the absence of an unequivocal intention on the part of the owner to make the dedication. And

Stronger evidence of intention to dedicate to public use is required as to country roads than

as to streets, and as to neighborhood or timber roads than as to a general thoroughfare. Quinn . Anderson, 70 Cal. 457.

Section 2642, Political Code, as amended in 1883, requiring the board of supervisors of each county, upon petition, to appoint a road overseer, is merely directory, and mandamus will not lie to compel the board to appoint a particular person to such office. And so with amendment of 1885, same section. Davisson v. Board of Supervisors, 70 Cal. 612.

Sowing grain and pasturing cattle on the sides of a public roadbed, are not sufficient to show either an abandonment of the road by the public or its adverse possession by the person doing such acts. Watkins v. Lynch, 71 Cal. 22.

A writ of review cannot be issued to annul the action of a board of supervisors granting a steam railroad company the right to use a public highway, when the affidavit of the petitioner does not show that he has any beneficial interest in the matter distinguishable from that of the mass of the community. Ashe v. Board of Supervisors, 71 Cal. 236.

Under section 2743, Political Code, as amended in 1883, a cause of action to abate a nuisance caused by an obstruction in a highway, and a cause of action to recover the penalty of ten dollars per day for every day the nuisance remained after notice to remove it, may be united in one complaint, and the road overseer is the proper plaintiff; the money

acts of 1891 and 1893. But see Political Code, sections 2779, et seq.

Tolls and franchises.

36. To grant on such terms, conditions, and restrictions as in their judgment may be necessary and proper, licenses and franchises for taking tolls on public roads or highways, whenever in their judgment the expense necessary to operate or maintain such public roads or highways as free public highways is too great to justify the county in so operating or maintaining them. It shall always be a condition attached to the granting of such licenses and franchises, that such roads or highways shall be kept in reasonable repair by the person or persons to whom such licenses or franchises may be granted.

For franchises for roads for bicycles and other horseless vehicles see act post in this volume; and as to railroad and other franchises, see act of March 23, 1897, post.

Ordinances respecting highways.

37. To enact ordinances, and regulations for the construction, alteration, repair, and control of all public roads and highways in the county, unless otherwise provided by law.

See notes under this subdivision, infra. "Unless otherwise provided by law" is a term not heretofore employed in connection with the authority of supervisors over road matters.

Besides passing a road law evidently designed to place road matters with a board of trustees to be elected in each road district, the last legislature also passed an act entitled "An act to provide for the protection and preservation of public highways from damage by storm waters and floods, and to authorize the expen