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damages must be awarded for the simple right to cross the same.
SEC. 42. When the alteration of an old, or the opening of Removal of a new road, makes it necessary to remove fences on land fences, Overgiven, purchased, or condemned by order of a Court for road notice of or highway purposes, notice to remove the fences must be given by the Road Overseer to the owner or 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 as speedily as possible, 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.
SEC. 43. All public bridges not otherwise specially pro- Public vided for, are maintained by the road district in which they bridges, how 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 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 Road Overseer or County Treasurer, and from road poll-taxes.
Sec. 44. Whenever it appears to the Board of Supervisors Same. that any road district is or would be unreasonably burdened by the expense of constructing or maintenance and repair of any bridge, 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 out of the General County Fund, or both; or they may levy a special bridge tax therefor, not exceeding one-fourth of one per cent. on the taxable property of the county, annually, 'til [until] the amount appropriated in aid is raised and paid.
SEC. 45. If the Road Overseer of one road district, after Failure of five days' notice from the Overseer of an adjoining district, giver der to to aid in the repair of a bridge in which each are interested, fails so to aid, the one giving notice may make necessary repairs, and must be allowed a pro rata compensation therefor by the Board of Supervisors out of the Road Fund of the defaulting district.
SEC. 46. If the Overseer of any road district, chargeable Neglect of with the repair of a bridge, fails to make the needed repairs Board to after being informed that a bridge is impassable or unsafe, anders and is requested to make the same by two or more freeholders of the district in which it is situate, or the two districts which it unites, the freeholders may represent the facts to the Board of Supervisors, who, upon being satisfied that the bridge is unsafe, must cause the same to be repaired, and must pay therefor from the funds of the district chargeable therewith.
SEC. 47. When a bridge, the cost of which will exceed three Bridges, pehundred dollars, is necessary, any five or more freeholders of notice of. the road districts interested therein may petition the Board of Supervisors for the erection of such needed bridge. The Board must thereupon advertise such application, giving the location and other facts, for two weeks in a newspaper printed in the county; if none, then by posters, one at the proposed
Hearing of petition.
Responsibility of county.
location, one at the Court-house, and one at some other public place in the county, and notify the Overseer to attend at a certain time and place to hear the application.
SEC. 48. On the fixed day to hear the application, proof of the notice given being made satisfactory, the Board must hear the petition, examine witnesses, and determine whether or not a bridge is necessary as petitioned for; if found to be so, the Board must determine the character of bridge to be constructed, prepare plans and specifications, invite bids, let the contract, and have the same erected, and provide for the payment therefor as herein provided.
SEC. 49. Road Overseers must, in their official reports, give a full account of all bridges of which they have in whole or in part the charge and maintenance, those constructed or repaired, and the cost thereof, the amounts expended thereon, from what source derived, and the present and prospective condition thereof.
SEC. 50. The county is responsible for providing and keeping passable and in good repair bridges and all public highways; and the Supervisors must appoint semi-annually a special meeting, at which the Road Overseers, on days set apart for their respective districts, to hear highway and bridge reports and complaints from officers and citizens, when such orders must be made and such action had regarding the saine as the public welfare demands.
SEC. 51. If any high way, duly laid out or erected, is encroached upon by fences, buildings, or otherwise, the Road Overseer of the district may, orally or in writing, require the encroachment to be removed from the highway.
SEC. 52. Notice must be given to the occupant or owner of the land, or person causing or owning the encroachment, or left at his place of residence, if he reside in the county; if not, it must be posted on the encroachment, specifying the breadth of the high way, the place and extent of the encroachment, and requiring him to remove the same within ten days.
SEC. 53. If the encroachment is not removed, or commenced to be removed and diligently prosecuted, prior to the expiration of the ten days from the service or posting the notice, the one who caused or owns or controls the encroachment forfeits ten dollars for each day the same continues unmoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for vehicles, the Overseer must forth with remove the same.
SEC. 54. If the encroachment is denied, and the owner, occupant, or person controlling the matter or thing charged with being an encroachment, refuses either to remove or permit the removal thereof, the Road Overseer must commence, in the proper Court, an action to abate the same as a nuisance; and if he recovers judgment, he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after notice, as also his costs in such action.
SEC. 55. If the encroachment is not denied, but is not removed for five days after the notice is completed, the Road
Notice to remove same.
Penalty for failure.
Action to abate nuisance,
Overseer may recover damages.
Overseer may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, as also, for each day the same remained after the notice was complete, the sum of ten dollars, in an action for that purpose.
SEC. 56. No gates must be allowed on any public high-Gates, when way duly laid out, except on highways running through lands subject to overflow to such extent as to remove the fences, and except as hereinafter provided; when so allowed, they must be erected and maintained at the expense of the owner or occupant at whose request, or for whose benefit, they were erected. If such expense is not paid, the gate must be removed as an obstruction.
SEC. 57. Any one who leaves open such gate, or willfully Trespass, and unnecessarily rides over ground adjoining the road on
damages for. which the gate is erected, forfeits to the injured party treble damages.
SEC. 58. Whoever obstructs or injures any highway, or Obstruction obstructs or diverts any water-course thereon, is liable to a fighway. penalty of five dollars for each day such obstructions or injury remains, and must be punished as provided in section five hundred and eighty-eight of the Penal Code.
SEC. 59. Whoever removes or injures any mile-board, or same. mile-stone, or guide-post, or any inscriptions on such, erected on any highway, is liable to a penalty of ten dollars for every such offense, and punishable as provided in section five hundred and ninety of the Penal Code.
SEC. 60. Any person may notify the occupant or owner of same. any land from which a tree or other obstruction has fallen upon any highway, to remove such tree or obstruction forthwith. If it is not so removed, the owner or occupant is liable to a penalty of one dollar for every day thereafter till it is removed, and the cost of removal.
Sec. 61. Whoever cuts down a tree so that it falls into Same. any high way, must forth with remove the same, and is liable to a penalty of five dollars for every day the same remains in such high way.
SEC. 62. Road Overseers may put upon bridges under Injury to their charge notices that there is "five dollars fine for riding penalty for. or driving on this bridge faster than a walk." Whoever thereafter rides or drives faster than a walk on such bridge is liable to five dollars penalty for each offense.
Sec. 63. Whoever digs up, cuts down, or otherwise injures Injury to or destroys any shade or ornamental tree planted or stand
penalty for. ing on any high way, forfeits twenty-five dollars for each such tree.
SEC. 64. All penalties or forfeitures given in this chapter, Penalties, and not otherwise provided for, must be recovered by the recovered Commissioner of Highways or Road Overseers of the respect and applied. ive road districts, and be applied on the highways in which they are collected.
SEC. 65. When public high ways are petitioned for, and Fences along the Viewers report more damages to the owners of the land, biglways, in consideration of the necessity of erecting fences along the Supervisors line thereof, than the road district is able to pay from the
Owner to waive damages.
Trespass of stock on
taxes derived from the provisions of this Act, the Board of Supervisors may lay out and establish the same, in the manner provided herein, and authorize the erection and maintenance of gates thereon; provided, that the owner or owners through whose lands such highways pass shall, in writing, waive all claim for damages against the county for the building of such fences, by reason of the opening of said highway, and the erection and maintenance of said gate thereon.
SEC. 66. It shall be unlawful for any public highway in highways. Contra Costa County to be used for pasturage purposes, and
any stock found trespassing thereon, in violation of this section, may be taken up by the Road Overseer of the road district in which such trespass is being committed, or by any citizen thereof, and placed in the possession of said Road Overseer, who shall proceed, in relation to the same, in the manner provided for the taking up, giving notice to owners, advertising, keeping, and sale, in an Act entitled "An Act to protect agriculture, and to prevent the trespassing of animals upon private property," approved March twentyseventh, A. D. eighteen hundred and seventy-two.
SEC. 67. This Act shall take effect and be in force from and after its passage.
Road Overseers, terms of.
CHAP. CCI.–An Act to amend an Art entitled “An Act concern
ing roads and highways in the Counties of Shasta and Trinity, approved March twenty-eighth, eighteen hundred and sixtythree.
[Approved March 13, 1876.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. Section four of said Act is hereby amended to read as follows: Section 4. Such Road Overseers shall be elected at the general election in the year eighteen hundred and seventy-six, and in the year eighteen hundred and seventy-seven, and at the general elections every two years thereafter, who shall qualify and take their office on the first Monday in December subsequent to their election, and those elected at the general election held in the year eighteen hundred and seventy-six shall hold the office for the period of one year from the date of their qualification, and those elected at the general elections held in the year eighteen hundred and seventy-seven, and every two years thereafter, shall
hold their offices for the period of two years from the date of Supervisors their qualification; and the Board of Supervisors shall have
power, and it is hereby made their duty, to fill, by appointment, any vacancy that may occur in the office of Road Overseer, in any district of said county, for either fractional or full term.
SEC. 2. This Act shall apply to Trinity County only.
to fill vacancies.
CHAP. CCII.—[See volume of Amendments to the Codes.]
CHAP. CCIII.-An Act to attach a portion of Carson Creek
School District, in the County of Sacramento, to Carson Creek
[Approved March 13, 1876.]
Assembly, do enact as follows: SECTION 1. All that portion of Carson Creek School Dis- Consolidatrict, in the County of Sacramento, bounded and described district. as follows: Commencing at the northeast corner of said district and running thence west one mile, thence south and parallel with the county line to a point one mile west of the southeast corner of said district, thence south one mile, thence east one mile, thence north one mile to said southeast corner of said district, thence along the county line to the place of beginning, is hereby attached to, consolidated with, and made a part of said Carson Creek School District of El Dorado County, for school purposes only, to hold school property, and enjoy all other rights and privileges in common as one school district. Sec. 2. This Act shall take effect from and after its passage.
CHAP. CCIV.-An Act to apply to the Counties of Fresno and
Sutter the provisions of an Act entitled " An Act to transfer certain funds in the County of Kern," approved March eighteenth, eighteen hundred and seventy-four.
(Approved March 13, 1876.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. The provisions of an Act entitled "An Act to Application transfer certain funds in the County of Kern," approved March eighteenth, eighteen hundred and seventy-four, are hereby made applicable to the Counties of Fresno and Sutter, in this State; and the powers therein conferred, and the duties imposed, upon the Board of Supervisors of said Kern County, are hereby conferred upon the respective Boards of Supervisors of Fresno and Sutter Counties.
SEC. 2. This Act shall take effect from and after its passage.