Actions for damages, when

awards are deemed

protection as the petitioner or petitioners may propose to erect; and the final establishment and maintenance of such road shall be conditioned upon the erection and keeping in repair of all such gates and safeguards provided for, and the payment of all such costs as may have accrued, or such damages as may be assessed. Every order establishing a private road shall specify the width thereof, which shall not exceed thirty feet.

SEC. 35. Any person or persons claiming damages on account of the location, alteration, or vacation of any road under the provisions of this Act, who may be dissatisfied insufficient. With the award of damages made by the Board of Supervisors, and who cannot agree with the Board of Supervisors as to the amount of damages sustained, and shall refuse to receive the same, shall, within twenty days from the time of final hearing, commence an action against the county by name for such damages, in a Court of competent jurisdiction, which action shall be conducted in like manner as other actions in civil cases in the Courts of justice in this State, except as hereinafter provided; and all actions not commenced in the time above limited shall be forever void. The complaint shall be in writing, and the summons, with a copy of the complaint, shall be served on the Clerk of the Board of Supervisors; such Clerk shall notify, in writing, the Chairman of the Board of Supervisors and the District Attorney of the commencement of such action, which shall be sufficient notice to the county, and it shall be the duty of the District Attorney to appear for and defend all actions comPlaintiff to menced under this Act against the county for damages. The give bond. plaintiff, at the time of filing his complaint, shall file an undertaking in the sum of three hundred dollars, with two or more sufficient sureties, who shall be residents and freeholders or householders of the county, and shall make affidavit on such undertaking that they are each worth, over and above their debts and liabilities, in property exempt from execution, double the amount specified in such undertaking, which undertaking shall be conditioned that the plaintiff will pay all costs awarded against him, not exceeding the amount mentioned therein.

Costs of suit.

Action, where brought.

SEC. 36. If the plaintiff in such action shall fail to recover a greater amount of damages than was awarded by the Board of Supervisors, or than agreed to be allowed by them, all costs in the case shall be taxed against such plaintiff and in favor of the county, and if such costs are not paid within thirty days after the entry of the judgment, it shall be the duty of the District Attorney to bring suit on the undertaking to recover the same, unless within thirty days an appeal be taken and the execution of the judgment be stayed by a proper undertaking, as in other civil cases.

SEC. 37. When the action provided for in this Act can be brought in a Justice's Court, it shall be brought in some Justice's Court of the township in which the county seat is located, and if there be no Justice in such township qualified to act in the case, the action shall be transferred to the nearest Justice in an adjoining township. The county shall

for

their lands.

have ten days to answer after service of summons and copy of complaint; in all cases of application for damages or action for the same, under the provisions of this Act, the claimant shall be deemed the plaintiff and the county the defendant. SEC. 38. Whenever any person or persons may propose to Petitions by open a public road through his, her, or their lands, such per-public road son or persons may petition the Board of Supervisors of the through county; said petition must give the commencement and terminus of such proposed road, with a general description and width thereof, to declare such road a public highway; and said Board may, if they deem the road necessary, enter in their book of record an order declaring said petition granted, and such road established as a public highway. Such petitioners shall proceed at their own expense, unless the Board of Supervisors order the expense paid from the County Road Fund, to open out such road within thirty days, unless the Board grant a longer time; and such road, from the time. fixed for opening it, shall be considered to be dedicated to the public use as a public highway. The guardian of any idiot, minor, or insane person, is hereby empowered to petition for his ward, under this section; all such petitions shall have the same force and effect as petitions of other persons not under disability.

and others.

SEC. 39. Any person performing labor or service, under the provisions of this Act, in reference to the view, location, or survey of roads, shall receive as compensation the following per diem, to wit: Surveyor, not to exceed ten dollars; Salary of Viewers, other than surveyor, three dollars; chainmen and surveyors markers, two dollars; which sums shall be allowed by the Board of Supervisors, and paid by their order either by the petitioners or by warrants drawn on the proper County Road Fund, as said Board may direct under the provisions of this Act.

way.

SEC. 40. In all cases where consent to use the right of Right of way for a highway is voluntarily given, purchased, or condemned and paid for, either an instrument in writing conveying the right of way and incidents thereto, signed and acknowledged by the party making it, or a certified copy of the decree of the Court condemning the same, must be made and filed, and recorded in the office of the Recorder of the county, in which the land so conveyed or condemned must be particularly described.

railroads,

etc.

SEC. 41. Whenever highways are laid out to cross rail- Crossing of roads, canals, or ditches on public lands, the owners or corporations using the same must, at their own expense, so prepare their roads, canals, or ditches, that the public highway may cross the same without danger or delay; and when the right of way for a public highway is obtained through the judgment of any Court over any railroad, canal, or ditch, no damages must be awarded for the simple right to cross the

same.

SEC. 42. When the alteration of an old or the opening Removal of of a new road makes it necessary to remove fences on land fences, given, purchased, or condemned by order of the Board of Supervisors, or of a Court, for road or highway purposes,

Public

maintained.

notice to remove the fences must be given by the Road Overseer to the owner, his 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 probridges, how vided for, are maintained by the townships in which they are situated, the townships which they unite, and the county at large, in the same manner as highways, and under the management and control of the Road Overseers and the Board of Supervisors; the expense of constructing, maintaining, and repairing the same being primarily payable out of the Road Fund of the township in the hands of the Road Overseer or County Treasurer, and from road poll-taxes.

Same.

Same.

Encroachments.

Same.

Same.

SEC. 44. Whenever it appears to the Board of Supervisors that any township is or would be unreasonably burdened by the expense of constructing, or maintaining, or repairing 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, till the amount appropriated is raised and paid.

SEC. 45. No bridge, the cost of the construction and repair of which will exceed the sum of three hundred dollars, must be constructed or repaired except on the order of the Board of Supervisors; when ordered to be constructed or repaired, the contract therefor must be let out to the lowest bidder, after reasonable notice, given by the Board of Supervisors, through the Road Overseer, by publication at least two weeks in a county newspaper, and if none, then by three posted notices-one at the Court-house, one at the point to be bridged, and one at some other neighboring public place; the bids to be sealed, opened, and the contract awarded at the time specified in the notice; the contract and bond to perform it must be entered into to the approval of the Board of Supervisors.

SEC. 46. If any highway, duly laid out or erected, is encroached upon by fences, buildings, and dead animals, or otherwise, the Road Overseer of the district may, orally or in writing, require the encroachment or, nuisance to be removed from the highway.

SEC. 47. Notice must be given to the occupant or owner of the land, 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 highway, the place and extent of the encroachment, and requiring him to remove the same within ten days.

SEC. 48. 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 of

notice, the one who caused, or owns, or controls the encroachment, forfeits ten dollars for each day the same continues unremoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for vehicles, the Overseer must forthwith remove the same.

SEC. 49. If the encroachment is denied, and the owner, Encroachoccupant, or person controlling the matter or thing charged ments. with being an encroachment, refuses either to remove or to 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, and also his costs in said action.

SEC. 50. If the encroachment is not denied, but is not Same. removed for five days after the notice is complete, the Road 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 notice was complete, the sum of ten dollars, in an action for that purpose.

of rods by

SEC. 51. Any person or persons, body politic or corporate, Obstruction who shall obstruct, injure, or damage any public highways, waters. either by placing an obstruction therein, or by digging in, deepening, and deviating the waters of any stream, or by placing any obstruction in any ditch or stream within or along any public highway, or by placing or constructing any obstruction, ditch, or embankment upon their own or other lands, so as to make or cause any water to flow upon or impair any public highways, or in any other manner injure or obstruct any public highway, shall be guilty of a misdemeanor, and shall be liable to prosecution before any Justice of the Peace in said county, and upon conviction of Prosecution a violation of any of the provisions of this section, shall be for. punished by a fine not less than ten nor more than fifty dollars, to be collected as other fines are collected; and any such person shall be further liable, at the suit of the Road Overseer of the district, in the sum of five dollars for each and every day such obstruction is allowed to remain after being notified to remove or remedy the same by the Road Overseer of the district, or by any member of the Board of Supervisors. It shall be the duty of the Road Overseer of any district wherein such obstructions, injury, or damage exists, to make a complaint against the person or persons so obstructing or injuring any public highway in his district, before any Justice of the Peace of the county.

SEC. 52. Whoever removes or injures any mile-board, or Injury to mile-stone, or guide-post, or any inscription on such, erected mile-boards. 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. 53. Any person may notify the occupant or owner of Fallen trees. any land from which a tree or other obstruction has fallen upon any highway, to remove such tree or obstruction forth

Fallen trees.

with; 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. 54. Whoever cuts down a tree, so that it falls into any highway, must forthwith remove the same, and is liable to a penalty of five dollars for every day the same remains in such highway. Fast driving. SEC. 55. Road Overseers may put upon bridges under their charge notices that there is "a fine of five dollars for riding. or driving on this bridge faster than a walk;" whoever, thereafter, rides or drives faster than a walk on such bridge is liable to pay five dollars for each offense.

Injury to shade trees.

Recovery of penalties.

SEC. 56. Whoever digs up, cuts down, or otherwise injures or destroys any shade or ornamental tree, unless the same may be deemed an obstruction by the Road Overseer and removed under his direction, planted or standing on any highway, forfeits twenty-five dollars for each such tree.

SEC. 57. All penalties or forfeitures given in this Act, and not otherwise provided for, must be recovered by the Road Overseer of the respective road districts, and be applied on the highways in the district on which they are collected.

SEC. 58. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed; except, that proceedings in regard to laying out, altering, or discontinuing any road commenced under the laws in regard to roads, in force in the County of San Joaquin on the first day of March, one thousand eight hundred and seventy-six, may be completed under the laws under which they were commenced. SEC. 59. This Act shall take effect from and after its passage.

CHAP. CCLXV.-[See volume of Amendments to the Codes.]

Persons

liable to labor.

CHAP. CCLXVI.-An Act to provide for the collection of road poll-taxes in the County of Calaveras.

[Approved March 20, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Every male inhabitant of a road district, in the County of Calaveras, over twenty-one and under sixty years of age, must perform two days' labor annually, to be known as the road poll-tax, upon the roads and highways of the district, under the demand and direction of the Road Overseer thereof, or pay such Overseer a commutation fee of three dollars.

SEC. 2.

The provisions of the Political Code in relation to highways, except section twenty-six hundred and fifty