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CHAP. CXCVII.— An Act to authorize the County of San Joaquin

to issue bonds for the redemption of the bonds of said county which become due during the year eighteen hundred and seventysir, and to provide for the payment of the same.

[Approved March 11, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows : SECTION 1. For the purpose of redeeming the bonds of Supervisors the County of San Joaquin which become due during the to issue year eighteen hundred and seventy-six, the Board of Supervisors of San Joaquin County are hereby authorized and empowered to issue bonds of said county to an amount not exceeding thirty thousand dollars. Said bonds shall be sign by the Chairman of the Board of Supervisors, attested by the Clerk of the Board, and countersigned by the County Treasurer, and shall be made payable at the office of the County Treasurer on the first day of July, eighteen hundred and eighty-six. Such bonds shall be consecutively numbered Bonds to as issued, and shall bear interest at the rate of ten per cent. per annum, interest to be paid semi-annually at the office of said County Treasurer; and each bond shall have coupons attached for said interest, such coupons to be numbered, signed, attested, and countersigned as the bonds.

SEC. 2. Whenever any of the holders of the bonds of said Surrender of County of San Joaquin shall surrender to the Board of Super- new visors of said county, any bond or bonds of said county that may become due during the year eighteen hundred and seventy-six; then the said Board of Supervisors shall issue and deliver to such holder or holders the bonds of said County of San Joaquin authorized by the first section of this Act, in an amount equal to the sum of money due on the bond or bonds so surrendered; provided, that in no event shall the bonds authorized by the first section of this Act be issued for greater amounts than the sums of money due on the bonds surrendered.

SEC. 3. The Board of Supervisors shall cancel the bonds surrendered surrendered under the provisions of this Act, and shall keep

canceled. a correct record of the same, giving the number, amount, and date of each, and the sum of money due on each, and from whom received ; also, a correct record of all bonds issued and delivered under the provisions of this Act, giving the number, amount, and date of each, and to whom delivered, and when issued.

SEC. 4. In addition to the taxes authorized by law to be Bond levied in the County of San Joaquin, the Board of Supervis- redemption ors of said county are hereby authorized and required to levied. levy, in each and every year, a special tax to be known as the "Bond Redemption Tax, eighteen hundred and seventysix,” sufficient for the purpose of paying the yearly interest on the bonds issued under the provisions of this Act, and also one-tenth of the principal. The manner of levying and collecting said tax shall be the same as provided by law for

bonds to be

Treasurer to redeem


the levying and collecting other taxes, State and county. The Treasurer of said county shall keep said tax, when paid to him, separate and apart from other moneys in the treasury, and shall designate the same as the “Bond Redemption Fund, eighteen hundred and seventy-six;" and said fund shall be used for no other purpose than the payment or redemption of the bonds issued under the provisions of this Act, and the payment of the accruing interest thereon.

SEC. 5. On the first Monday in February, eighteen hunbonds, when dred and seventy-seven, and annually thereafter, it shall be and how the duty of the Treasurer of the County of San Joaquin,

from the money in his hands, in the fund mentioned in the last preceding section, to redeem the one-tenth of the first principal of the bonds that may be issued under the provisions of this Act, or such an amount of said bonds as the money in his hands in said fund will redeem, at the lowest value at which they may be proposed to be liquidated, after advertis

ing for two weeks immediately preceding said first Monday of Trensurer to February, by publication in some newspaper in his county properties for for sealed proposals for the redemption of said bonds, at the

time and place specified in said publication. The Treasurer Opening of shall, in the presence of such persons as choose to be present,

open all proposals, and accept the lowest bids for the surrender of said bonds; provided, that no bonds shall be redeemed at a greater sum than par value. The bids being equal, the preference shall be given to the smallest amount of bonds; the bids and amount of bonds being equal, each shall be accepted pro rata, or as nearly as possible. No bid, unless accompanied by the bonds proposed to be surrendered, shall be accepted by the Treasurer.

SEC. 6. Should there be no proposals made for less than Treasurer to par value, as provided in the preceding section, then the benefirom payment of said Loan Fund on hand shall be made on said Loan Fund. bonds, according to the number of their issue, of which the

said Treasurer shall give four weeks' notice of the number Interest, of the bonds to be paid; after which time such bonds shall

cease to draw interest; and provided, whenever there may be sufficient moneys in such Loan Fund for the extinguishment of the bonds issued under this Act, it shall be the duty

of the said Treasurer to advertise in like manner, for a space Redemption of four weeks, for the redemption of all of the outstanding opremaining bonds issued under this Act; after which time said bonds bonds Surplus shall cease to draw interest. Any moneys remaining in said money to be Loan Fund, after the redemption of the whole of said bonds,

shall be, by the said Treasurer, transferred to the General Fund of said county, and to be by him held subject to the order of said Board of Supervisors.

SEC. 7. Whenever the County Treasurer shall pay, or cause to be paid, any bond or coupon, under the provisions of this Act, he shall indorse on said bond or coupon so paid

the date of redemption, and from whom redeemed, and the Treusurer to amount paid to redeem the same. He shall preserve in his keep record. office all bonds and coupons redeemed, and shall keep a

record of the same, giving the number, date, and amount of each, and from whom received ; and across each of the bonds

In case no bids offered,

when to cease.

Payment of bonds or coupons.

and coupons so redeemed he shall write the words “Canceled by me," and sign his name thereto as Treasurer.

Sec. 8. This Act shall take effect and be in force from and after its passage.

CHAP. CXCVIII.—[See volume of Amendments to the Codes.]

CHAP. CXCIX.—[See volume of Amendments to the Codes.]

CHAP. CC.- An Act concerning roads and highways in Contra

Costa County.

[Approved March 11, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. All public and private roads now used as Roads and such in the County of Contra Costa, and those heretofore highways, declared or established by the Court of Sessions or Board of private. Supervisors of said county, or which may hereafter be so declared by the Board of Supervisors, are hereby established and declared to be public and private roads or highways respectively, as the case may be. Public roads or highways hereafter established shall not exceed the width of sixty feet, and private or by-ways not exceeding thirty feet. In case the survey of any public road or highway heretofore located, and now used as such, should have been lost, mislaid, and not have been made a part of the records of this county, the Road Overseer shall, upon the order of the Board of Supervisors, cause a resurvey of such road, which survey and field-notes shall be entered in the road records in like manner as roads hereafter established.

SEC. 2. Roads laid out and recorded as highways by order Corporation of the Board of Supervisors, are highways. Whenever any roads, when corporation owning a toll-bridge or a turnpike, plank, or to become common wagon road, is dissolved, or has expired by limitation or non-user, the bridge or road becomes a highway.

Sec. 3. Roads laid out as provided in section two of this Act shall not be vacated or cease to be a highway, until so ordered by the Board of Supervisors.

SEC. 4. The Clerk of the Board of Supervisors must keep Clerk to a book in which must be recorded, separately, all proceed- kempe records ings of the Board relative to each road district, including roads. orders, laying out, altering, and opening roads; and in a




trees on

Right of cor

separate book, a description of each road district, its overseers, its roads, highways, contracts, and all other matters

pertaining thereto. Right of 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 and the Civil Code provided.

SEC. 6. Any owner or occupant of land may construct a of sidewalks, sidewalk on the highway along the line of his land, sub

ject, 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 Damages to permission of the owner, is liable to such owner or occupant

in the sum of five dollars for each trespass, and for all dam

ages suffered thereby. Planting of SEC. 7. Any owner or occupant of land adjoining a highhighway.

way not less than three rods wide, may plant trees on the side contiguous to his land. They must be set in regular rows, at a distance of at least six feet from each other, and not more than six feet from the boundary of the highway. If the highway is more than six rods wide, the row must not

be less than six nor more than twelve feet from the boundary Damages of the highway. Whoever injures any of them is liable to from injury. the owner or to the occupant for the damage which is thereby


SEC. 8. Every gas, water, or railroad corporation has

to lay track, power to lay conductors and tracks through the public ways

and squares in any 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. Right of Sec. 9. The cases and manner in which railroad, plank

road, turnpike, and common wagon road corporations may acquire a right of way upon the public highways, are provided for in subsequent chapters of this Code, in Title Seven, Part Three of the Code of Civil Procedure, and under Title “Corporations” of the Civil Code.

SEC. 10. The Board of Supervisors of each county, by

proper ordinance, must: Supervisors First-Divide the county into a suitable and convenient

number of road districts, but no district shall be formed of districts. parts of two townships, and appoint therefor, annually, or

whenever vacancies occur, Overseers, with power to remove for cause.

SecondCause to be surveyed, viewed, laid out, recorded, highways.

opened, and worked, such highways as are necessary for public convenience, as in this chapter provided.

Third-Abolish or abandon such as are unnecessary. Right of FourthContract, agree for, purchase, or otherwise acquire acquired.

the right of way over private property for the use of public highways, and for that purpose institute, or require the District Attorney to institute, proceedings under Title VII., Part III., of the Code of Civil Procedure, and to pay therefor from the District Road Fund of the particular district in which said right of way was acquired.


way, how acquired.

to establish road

To lay out

way, how

road tax.

road tax.


be defined.


Fifth-Levy a property road tax.

Property Sixth-Order and direct Overseers especially in regard to work to be done on particular roads in their districts.

Seventh-Cause to be erected and maintained on the high- Mile-stones, ways they may designate, mile-stones or posts, and guide- ete. posts, properly inscribed.

Eighth-Cause the road tax collected each year, after, in Collection of their discretion, setting aside twenty per cent. thereof, as hereinafter provided, 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 re- Warrants to spective road districts, when required to pay for right of way, be drawn. or work, or improvements thereon.

Tenth-Furnish to each Road Overseer a copy of this chapter.

SEC. 11. The road districts must be carefully and distinctly defined, described, and designated. Until such divis- districts to ion as required in section ten is made, the road districts in the county must continue as they are at present defined. Road districts may be altered, changed, created, or modified by the Board of Supervisors, as occasion requires.

SEC. 12. Overseers of road districts receive notice of their Overseers, appointment from the Clerk of the Board of Supervisors, and bond and within ten days thereafter must give the official bond re- of. quired by the Board of Supervisors in the order of appointment or confirmation, and take the usual oath of office. The notice and certificate that the bond has been filed, and the oath taken and indorsed thereon, 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.

SEC. 13. Road Overseers, under the direction and super- Duties of vision, and pursuant to orders of the Board of Supervisors prescribed. appointing them, must:

First-Take charge of the public highways within their respective districts.

Second-Keep them clear from obstructions, and in good repair.

Third-Cause banks to be graded, bridges and causeways to be made when necessary, keep the same in good repair, and renew them when destroyed.

Fourth-Make semi-annual reports, under oath, of all labor performed in his district, and how all road poll-tax and commutation moneys were expended, to the Board of Supervisors.

Fifth-Receive and present petitions for new roads, recommended [recommend?] or disapprove the same, and assist in laying them out.

Sixth-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.

Seventh-Pay over to his successors in office, or into the fund of his road district in the county treasury, all road moneys in his hands and unexpended at the end of his term.

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