9. In their discretion, they may provide for the establishment of gates on the public highways, in certain cases, to avoid the necessity of building road fences, and prescribe rules and regulations for closing the same, and penalties for violating said rules; provided, that the expense for the erection and maintenance of such gates shall in all cases be borne by the party or parties for whose immediate benefit the same shall be ordered. 10. For the purpose of watering roads in any part of the county, the supervisors may erect and maintain waterworks, and for such purpose may purchase or lease real or personal property. The costs for such water-works and the watering of said roads may be charged to the general county fund, the general road fund, and the district fund of the district or districts benefited. 11. In their discretion, they may advertise for bids to grade, turnpike, gravel, or sprinkle any road or roads in any road district, which contract shall be let to the lowest responsible bidder; provided, the board may reject any or all bids, whenever it shall appear to them that the same are too high. The advertisement for such bids shall specify the road or roads upon which such work is to be done, the kind, character, and extent of the same, so as to plainly indicate to bidders the work to be bid for; and shall, when in their judgment the same is necessary, cause the county surveyor to survey and furnish a profile of the proposed work, showing cuts, fills, and grade as fully as practicable, which profile shall be open to inspection at the office of the board of supervisors. When such work is completed, the same shall be inspected by the board of supervisors, or by a committee of the board appointed by the chairman to inspect and report upon the same. And no payment shall be paid for such work until the same has been inspected and accepted by the board or such committee; provided, the board may, in their discretion, advance not to exceed thirty per cent of the amount of such contract after the work is at least half completed. Such advertisement for bids shall be in such newspaper as the board may designate, and be published for the period of at least two weeks, and notice of such letting shall also be posted by the road commissioner in three conspicuous places in the district where such work is to be done, for at least ten days before the day set for opening said bids and awarding contracts. Bids shall be inclosed in a sealed envelope, directed to the clerk of the board of supervisors, and shallbe indorsed, across the face of the envelope, "Bids for road-work, district," giving the name of proper district. [Amendment approved March 9, 1893; Stats. 1893, p. 114; in effect im mediately.] This section was also amended in 1891: Stats. 1891, p. 474. Jurisdiction of supervisors: 71 Cal. 400. Abandonment of unnecessary roads: 89 Cal. 11. 2644. Repealed; Stats. 1891, p. 474; in effect after the Monday following January 1, 1893. 2645. Duties of road commissioners. Road commissioners, under the direction and supervision and pursuant to orders of the board of supervisors, must, 1. Take charge of the highways within their respective districts, and shall employ all men, teams, watering-carts, and all help necessary to do the work in their respective districts when the same is not let by contract; provided, that no road commissioners shall be interested, directly or indirectly, in any contract or work to be done in the road district under his charge and control. 2. Keep them clear from obstructions, and in good repair, and destroy, or cause to be destroyed, at least once a year, all thistles, Mexican cockleburs, of any kind, and all noxious weeds, growing or being on any portion of the public highways or public roads in their respective districts. 3. Cause banks to be graded, bridges and causeways to be made when necessary, keep the same in good repair, and renew them when destroyed. [Amendment approved March 9, 1893; Stats. 1893, p. 115; in effect immediately.] This section was also amended at the session of 1891: Stats. 1891, p. 476. Request to overseer to remove obstructions: 90 Cal. 384. 2646. diately. Repealed; Stats. 1893, p. 114; in effect imme The section above repealed was amended in 1891 (Stats. 1891, p. 477), as follows: The board of supervisors must, 1. Advertise for sealed bids to maintain the roads in the sev eral districts in the county, where contracts have not already been let, or for the reletting of contracts, by notice in a weekly newspaper published in the county, or in one published within the district in which the work is to be done, if there be one so published, and also post three notices in prominent places within said district, for four consecutive weeks immediately prior to the day set for receiving and opening said bids and awarding contracts. 2. The notice shall contain a general description of the roads in the district in which work is required to be done under said contracts, the boundaries of the district, and explicit specifications as to the manner in which the work shall be done in particular parts or portions thereof. 3. The bids shall be made and the contracts awarded for a term of not less than one nor more than four years. They shall be opened and the contracts awarded at any regular meeting. 4. Said contracts shall be awarded separately for each road district in the county, and no contract shall be awarded to a person who is not a qualified elector of the county. 5. Contracts shall be awarded to the lowest responsible bidder, and a bond caused to be executed, in a sum equal to the amount of the contract, for the faithful performance of the conditions of said contract. The contractor shall also be required to perform the duties prescribed in subdivisions two and three of section twenty-six hundred and forty-five of this chapter. 6. The board may reject any or all bids. 2651. Road tax, submission of, to people: 71 Cal. 599. Transfer from general fund:78 Cal. 493. 2652. Road poll tax. The board of supervisors may, annually, at any regular meeting held between the first days of January and March of each year, levy on each male person over twenty-one and under fifty-five years of age found in each road district during the time for the collection of road poll taxes for that year, excepting all persons who were honorably discharged from service in the army or navy of the United States at any time within the first day of April in the year of our Lord eighteen hundred and sixty-one, and the first day of September in the year of our Lord eighteen hundred and sixty-five, an annual road poll tax not exceeding three dollars; and from every such person not above excepted, in a road district, who has not paid the same in some other district, must be collected the amount of road poll tax so levied. Said road poll tax shall be collected by the county assessor in the same manner that state poll taxes are collected, and all remedies given by law for the collection of state poll taxes shall apply to and be in force for the collection of road poll taxes. Road poll tax receipts, in blank, signed and numbered in the same manner that other poll tax receipts are signed and numbered, shall be delivered by the auditor of the county to said county assessor on or before the first Monday of March of each year; and said assessor shall be charged with the amount of such road poll tax receipts delivered to him, and be credited with those returned, and shall settle with the auditor, and pay over the amounts collected, in the manner provided by section thirty-eight hundred and fifty-three of this code. A su not exceeding thirty-five per cent of all road poll taxes so collected may be apportioned to the general road fund, and the balance shall be apportioned to the several districts of the county from which said road poll tax was collected. [Amendment approved March 31, 1891; Stats. 1891, p. 478; in effect after the Monday following the first day of January, 1893. 2654. Assessment: 91 Cal. 432. Action by county for road tax: 91 Cal. 432. 2681. Roads and highways - Ten freeholders may petition to lay out. Any ten freeholders who will be accommodated by the proposed road, two of whom must be residents of the road district wherein any part of the proposed road is situated, and who are taxable therein for road purposes, may petition, in writing, the board of supervisors to alter or discontinue any road, or to lay out a new road therein; provided, that when a road is petitioned for upon the dividing line between two counties, the same course shall be pursued as in other cases, except that a copy of the petition shall be presented to the board of supervisors of each county, who shall appoint viewers, to act jointly, and report to their respective boards the action of such viewers; provided further, that all such roads shall be at 2646. diately. Repealed; Stats. 1893, p. 114; in effect imme The section above repealed was amended in 1891 (Stats. 1891, p. 477), as follows: The board of supervisors must, 1. Advertise for sealed bids to maintain the roads in the several districts in the county, where contracts have not already been let, or for the reletting of contr.cts, by notice in a weekly newspaper published in the county, or in one published within the district in which the work is to be done, if there be one so published, and also post three notices in prominent places within said district, for four consecutive weeks immediately prior to the day set for receiving and opening said bids and awarding contracts. 2. The notice shall contain a general description of the roads in the district in which work is required to be done under said contracts, the boundaries of the district, and explicit specifications as to the manner in which the work shall be done in particular parts or portions thereof. 3. The bids shall be made and the contracts awarded for a term of not less than one nor more than four years. They shall be opened and the contracts awarded at any regular meeting. 4. Said contracts shall be awarded separately for each road district in the county, and no contract shall be awarded to a person who is not a qualified elector of the county. 5. Contracts shall be awarded to the lowest responsible bidder, and a bond caused to be executed, in a sum equal to the amount of the contract, for the faithful performance of the conditions of said contract. The contractor shall also be required to perform the duties prescribed in subdivisions two and three of section twenty-six hundred and forty-five of this chapter. 6. The board may reject any or all bids. 2651. Road tax, submission of, to people: 71 Cal. 599. Transfer from general fund:78 Cal. 493. 2652. Road poll tax. The board of supervisors may, annually, at any regular meeting held between the first days of January and March of each year, levy on each male person over twenty-one and under fifty-five years of age found in each road district during the time for the collection of road poll taxes for that year, excepting all persons who were honorably discharged from service in the army or navy of the United States at any time within the first day of April in the year of our Lord eighteen hundred and sixty-one, and the first day of September in the year of our Lord eighteen hundred and sixty-five, an annual road poll tax not exceeding three dollars; and |