ment roll contained, and shall deliver said assessment roll, so made out and duly certified to, to the City Marshal for collection, on the first Monday of November. SEC. 4. The City Marshal, in addition to his present Power conduties as ex officio City Tax Collector, shall be vested with ferred on the same powers and authority conferred on Tax Collectors shal. of State and county taxes, and shall be governed by the laws of the State now or hereafter in force, except in so far as his duties shall be regulated or modified by ordinance; provided, that the publication of the delinquent tax list shall be made in some newspaper published within said city, if there be one-if there be none, then in some newspaper published within the County of Solano; provided, all sales for delinquent taxes shall be made in front of the City Hall, and by the City Marshal. He shall keep a true and accurate account Duty of. of all moneys collected by him, and from what source, and what account received, and report and pay over the same to the City Treasurer on the first Monday of each month, taking his receipt therefor. SEC. 5. It shall be the duty of the Treasurer to receive Duty of and safely keep and disburse all moneys and revenues of Treasurer. said city, placing the same to account of the same fund, and paying out in the same manner as the County Treasurer is directed by Act approved March twenty-eighth, eighteen hundred and seventy-four, Chapter DXLI, Statutes of California, twentieth session. Clerk. SEC. 6. The City Clerk shall perform the same duties in Duty of relation to the assessment and collection of city taxes as are imposed by law on the County Auditor in relation to the assessment and collection of county taxes, and shall receive such further compensation for his services as the Board of Trustees may allow. SEC. 7. The Board of Trustees shall have power to Power of license and regulate hacks, cabs, carts, omnibuses, railway Board. cars, and all other vehicles, butchers, porters, pawnbrokers, peddlers, showmen, and junk shop-keepers, theaters, and all other places of public amusements, also to provide for licensing any or all business not prohibited by law, and fix the amount of license tax for the same. SEC. 8. After the election and qualification of the City Treasurer, the County Treasurer of Solano County shall pay over to him all moneys that are or may come into his possession belonging to the City of Benicia. SEC. 9. All Acts and parts of Acts, so far only as they conflict with the provisions of this Act, are hereby repealed. SEC. 10. This Act shall take effect and be in force from and after its passage. 51 Highways defined. Duty of Clerk. Construction of sidewalks. CHAP. CCCXIV.-An Act in relation to roads and highways in the County of Butte. [Approved March 22, 1878.] The People of the State of California, represented in Senate and ENUMERATION OF HIGHWAYS-WHAT ARE HIGHWAYS. SECTION 1. Highways are roads, streets, or alleys, and bridges, laid out or erected by the public, or, if laid out or erected by others, dedicated or abandoned to the public. SEC. 2. Roads laid out and recorded as highways by order of the Board of Supervisors are highways. Whenever any corporation owning a toll-bridge, or a turnpike, plank, or common wagon road is dissolved, or has expired by limitation, or non-uses, the bridge or road becomes a highway. WHEN VACATED. SEC. 3. Roads laid out as provided in section two of this Act shall not be vacated, or cease to be highways, until so ordered by the Board of Supervisors. DUTIES OF CLERK RELATIVE TO ROAD MATTERS. SEC. 4. The Clerk of the Board of Supervisors must keep a book in which must be recorded, separately, all proceedings of the Board relative to each road district, including orders, laying out, altering, and opening roads, and in a separate book a description of each road district, its Overseers, its roads, highways, contracts, and all other matters pertaining thereto. RULES AND RESTRICTIONS RESPECTING THE USE OF HIGH WAYS-PUBLIC EASEMENT. SEC. 5. By taking or accepting land for a highway, the public acquire only the right of way, and the incidents necessary to enjoying and maintaining it, subject to the regulations in this Act and the Civil Code provided. ADJOINING OWNER MAY CONSTRUCT SIDEWALK. SEC. 6. Any owner or occupant of land may construct a sidewalk on the highway along the line of his land subject, however, to the authority conferred by law on the Board of Supervisors and the Overseers of Highways, and any person using such sidewalk with horse or team, without permission of the owner, is liable to such owner or occupant in the sum of five dollars for each trespass, and for all damages suffered thereby. When trees are planted along the sides of highways, as hereinafter provided, the space included between the row of trees and the boundary of any highway shall be deemed the sidewalk. MAY PLANT TREES. SEC. 7. Any owner or occupant of land adjoining a high- Planting of way may plant trees on the side contiguous to his land. The trees. trees must be set in rows and not less than six feet from each other; the distance of the row from the boundary of the highway must be as follows: For a highway forty feet wide or less, the distance must not exceed six feet; for a highway forty and not over fifty feet wide, the distance must not exceed seven feet; for a highway over fifty and not over sixty feet wide, the distance must not exceed ten feet; for a highway over sixty and not over seventy feet wide, the distance must not exceed twelve feet; for a highway over seventy and not over eighty feet wide, the distance must not exceed fourteen feet; for a highway over eighty and not over one hundred feet, the distance shall not exceed sixteen feet; provided, that a row of trees may in all cases be planted adjacent to the boundary of highways that are fenced, and not to exceed in any case two feet from the fence. Whoever injures any tree planted as provided in this section, is liable to the owner or occupant for the damage which is thereby sustained. GAS, WATER, AND RAILROAD CORPORATIONS MAY LAY DOWN tracks, etc. SEC. 8. Every gas, water, or railroad corporation has Laying of power to lay down conductors and tracks through the public ways and squares in any incorporated city, village, or town, when it is established with the consent of the municipal authorities thereof, and under such reasonable regulations as the authorities and the law prescribe, and through every incorporated town within this county, with the consent of the Board of Supervisors, under such reasonable regulations as the Board and laws may prescribe. OTHER CORPORATIONS MAY ACQUIRE RIGHT OF WAY. SEC. 9. The case and manner in which railroad, plank Right of road, turnpike, and common wagon road corporations may way. acquire a right of way upon the public highways are provided for in the Political Code, and in Title Seven, Part Three, of the Code of Civil Procedure, and under title "Corporations" of the Civil Code, and the same are hereby made applicable to Butte County. POWERS AND DUTIES OF BOARDS OF SUPERVISORS AND HIGH- SUPERVISORS. duties of SEC. 10. First-Cause to be surveyed, viewed, laid out, Powers and recorded, opened, and worked such highways as are neces- Board. sary for public convenience, as in this Act provided. Powers and duties of Board. Duty of Second-Abolish or abandon such as are unnecessary. Third-Contract, agree for, purchase, or otherwise acquire the right of way over private property for the use of public highways. Fourth-Let out by contract the improvement of highways and the construction and repair of bridges, or other adjuncts to highways, when the amount of work to be done by contract exceeds three hundred dollars. Fifth-Levy a property road tax. Sixth-The respective Supervisors of the several Supervisor districts may order and direct Overseers specially in regard to work to be done on particular roads in their district. Seventh-Cause to be erected and maintained on the highways they may designate guide-posts properly inscribed. Eighth-Cause the road tax collected each year to be apportioned to the road districts entitled thereto, and kept by the Treasurer in separate funds. Ninth-Audit and draw warrants on the funds of the respective road districts when required to pay for right of way, or work, or improvements thereon. Tenth-Furnish to each Road Overseer a copy of this Act. ROAD OVERSEERS-QUALIFICATIONS, ETC. SEC. 11. Overseers of road districts receive notice of their election or appointment from the Clerk of the Board of Supervisors, and within ten days thereafter must give the official bond required by the Board of Supervisors, and take the usual oath of office. The certificate of election or appointment, or a certified copy thereof, constitutes a commission, and authorizes the person named in and holding the same to discharge the duties of Overseer until superseded. DUTIES. SEC. 12. Road Overseers, under the direction and supervision, and pursuant to orders of the Board of Supervisors, must: First-Take charge of the public highways within their respective districts. Second-Keep them clear from obstruction and in good repair, cause banks to be graded, bridges and causeways to be made where necessary, keep the same in good repair, and renew them when destroyed. Third-Receive an[d] present petitions for new roads, recommend or disapprove the same, and assist in laying them out. Fourth-Collect all road poll taxes in the mode provided for the collection of other poll taxes, and faithfully account for and pay over the same to the County Treasurer on the first Monday in March, July, October, and last judicial day in December, and the County Treasurer shall thereupon place the same to the credit of the several road districts wherein said tax was collected. tion. Fifth-Receive for his services, from money belonging to Compensahis road district, the sum of three dollars for each day's service performed by him, not to exceed three hundred dollars per annum, to be audited and ordered paid by the Board of Supervisors, and in addition thereto shall be allowed to retain to their own use ten per cent. upon each and every dollar road poll tax money collected by them. Sixth-Obey all legal orders of the Board, and certify to all bills incurred within their districts when correct. GENERAL ROAD FUND, ETC. SEC. 13. From the property road tax collected from all Road Fund. sources, exclusive of road poll, the Board of Supervisors must annually set apart twenty per cent. of the aggregate for general county road purposes, from which they may direct such amounts to be paid as may be found necessary for such general road purposes in which the inhabitants of all the districts are more or less interested. The object of the appropriation must be specified in each order made therefor. The Board shall have no power to create a debt on any road district in excess of the money on hand or collectable from assessment already made by the County Assessor. BONDS TO MACADAMIZE ROADS-HIGHWAY TAXES-LEVY THEREOF. SEC. 14. The Board of Supervisors must each year, at the Road tax. meeting at which they are required to levy the property tax for county purposes, estimate the probable amount of property tax for highway purposes which may be necessary for the ensuing year, over and above the road poll tax, and must regulate and fix the amount of property highway tax, and levy the same thereby. ANNUAL PROPERTY ROAD TAX-HOW LEVIED, COLLECTED, ETC. SEC. 15. The annual property tax for road purposes must be levied by the Board of Supervisors, at their session when the tax is by them levied for county purposes; and must not exceed thirty cents on each one hundred dollars in value of taxable property. This property road tax when levied must be annually assessed and collected by the same officers and in the same manner as other State and county taxes are levied, assessed, and collected, and turned over to the County Treasurer for the use of the road district from which it is respectively collected. LINE BRIDGES. how con SEC. 16. Bridges crossing the line between cities or towns Line and road districts must be constructed by the cities or towns bridges; and the Road Fund of the road districts into which said structed. bridges reach, proportionately; provided, that the Board of Supervisors may order the whole expense of constructing or |