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the provisions of this Act, must be placed in the County General Fund, out of which the current expenses of the
county are paid. Salaries, how Sec. 5. The salaries prescribed herein must be paid
monthly upon the warrants of the County Auditor, except as regards the compensation allowed to Deputy Assessors, which must be audited and allowed by the Board of Supervisors, and paid as other demands against the county allowed by said Board are paid.
SEC. 6. The County Clerk and Sheriff must each keep a book in which shall be entered, by items, the amounts received for all official services performed by them, or their deputies, showing the date and nature of such services, and the amounts received therefor, which book shall be the property of the county, and shall be open to public inspection; and each of said officers must, on the first Monday of every month, make out and file with the County Auditor a full and accurate transcript from said book of the entries of the preceding month, with an affidavit attached thereto, and by him subscribed and sworn to, as follows: I, -, of the County of San Luis Obispo, do swear that the foregoing is a true and correct statement of all the fees, commissions, and compensations, of whatever nature or kind, allowed by law for services rendered by me or my deputies in my official capacity, for the month of 18—, and that I have paid the
same to the County Treasurer. Fees payable SEC. 7. The fees receivable by the County Clerk and
Sheriff must be paid in advance, and it is hereby made the duty of said officers to collect all fees in advance, ånd either of said officers who shall credit any person for fees, percentage, or commissions for any services rendered in the discharge of his official duties, shall do so at his own risk, and the same shall be entered in the fee-book, and paid over on the first Monday of each month the same as if it had not been credited.
SEC. 8. This Act shall take effect, as to all officers mentake effect. tioned herein, except the County Judge and Assessor, on the
first Monday of March, eighteen hundred and seventy-eight, and as to the County Judge it shall take effect on the first day of January, eighteen hundred and eighty, and as to the Assessor it shall take effect on the first Monday of March, eighteen hundred and eighty.
Act, when to
CHAP. CCCCXXXIII.-- An Act to authorize the President and
Secretary of the Exempt Fire Company of the City and County of San Francisco to administer oaths in certain cases.
[Approved March 31, 1876.]
Assembly, do enact as follows:
either of them, shall have power to administer oaths and affirmations in all matters relating to the business of said company.
SEC. 2. Any person swearing or affirming falsely before Perjury. such officer or officers, or either of them, shall be deemed guilty of perjury, as defined in sections one hundred and nineteen, one hundred and twenty-one, one hundred and twenty-two, one hundred and twenty-three, one hundred and twenty-four, one hundred and twenty-five, one hundred and twenty-six, and one hundred and twenty-seven of Chapter Five, Part One, Title Seven of the Penal Code of the State of California, and shall be subject to the penalties therein prescribed.
SEC. 3. All laws or parts of laws inconsistent with the provisions of this Act are hereby repealed.
CHAP. CCCCXXXIV.-An Act to establish and maintain public and private roads in the County of Santa Cruz.
(Approved March 31, 1876.] The People of the State of California, represented in Senate and
Assembly, do enact as follows : SECTION 1. Any ten inhabitants of a road district, taxable Change of therein for road purposes, may petition, in writing, the Board meados por ti of Supervisors to alter or discontinue any road, or to lay out a new road therein. The petition must set forth and describe particularly the road to be abandoned, discontinued, altered, or constructed, and the general route thereof, over what lands, and who the owners thereof are; whether the owners consent thereto, and if not, the probable cost of the right of way; the necessity for and the advantages of the proposed change.
SEC. 2. The petitioners must accompany the petition Boud of with a good and sufficient bond, to be approved by the Su- petitioners. pervisors, in double the amount of the probable cost of the viewing and laying out, or altering of any road, conditioned that the bondsmen will pay all the costs of viewing and surveying in case the prayer is not granted and the road finally not opened.
SEC. 3. Upon filing such petition and bond, the Board of Viewers to Supervisors must appoint three Viewers, one of whom must be a surveyor, to view and survey any proposed alteration of an old or opening of a new road, to be made in accordance with the description in the petition, and submit to the Board an estimate of the cost of the change, alteration, or opening, including the purchase of the right of way and their views of the necessity thereof.
SEC. 4. The Road Viewers must be disinterested citizens Duties of of the county, but not petitioners; they must be sworn to Viewers, discharge their duties faithfully; must view and lay out the
proposed alteration or new road over the most practicable route; notify, as required by section twenty-two of this Act, the owners of land over which it passes, of the proposed route; ascertain whether the owners consent thereto, and the amount, if any, they claim or demand for the right of way over the same; estimate the actual damage to any land over which it passes, and the cost of any bridges or grading necessary; the necessity for and public convenience to be subserved by the road, and whether the opening thereof or change therein proposed should be had.
SEC. 5. When the view and survey of the proposed alteration or new road is completed, the Viewers must report to the Board of Superyisors:
1. The course, termini, length, and probable cost of construction of the proposed road.
2. The estimate of damage, separately, to each owner of land over which it is proposed to run the road.
3. The names of land owners who consent to give the right of way, and their written consent thereto.
4. The names of land owners who do not consent, and the amount of damage claimed by each.
5. Such other facts bearing upon the subject of importance to be known by the Board of Supervisors.
SEC. 6. No report of Viewers must be approved by the Board of Supervisors, which, without the consent of the owner and occupant, runs the road :
1. Through an orchard of four years' growth.
3. Through buildings or fixtures for the purposes of residence, trade, or manufacture.
4. Through inclosures necessary for the use or enjoyment of the buildings or fixtures.
Unless the Board of Supervisors are satisfied, from personal examination, observation, or from the sworn statement of at least six respectable residents of the road district, that the opening of such road through such premises is an absolute necessity, a great public benefit, or a great convenience to a moiety of the inhabitants of the district.
Sec. 7. The Viewers must be paid three dollars each per day for their services, out of the Road Funds of the districts through which the road passes, and the surveyor his legal fees for services in running out and mapping the road and making the plat and field notes, which must be filed, when required, before he receives his compensation.
SEC. 8. The Board of Supervisors, on the coming in of the report, must fix a day for the hearing [of]the same, must notify the owners of land not consenting to give the right of way of the hearing, by having written notice served on them as required by section twenty-two of this Act. Said service shall be made ten days prior to the day fixed for the hearing, and must, on the day fixed, or to which it may be postponed or adjourned, proceed to consider all the matters touching the original petition for the location, alteration, or vacation of such road, and all subsequent proceedings had thereon in connection with the report of the Viewers on file, and such
Compensation of Viewers
Hearing of Viewers report.
evidence as parties interested may introduce touching the same, and if, in their opinion, the public good and convenience require that the proposed location, alteration, or vacation should be established, they shall confirm the report thereon in whole or in part, as they may deem advisable, and establish said location or alteration, or so much thereof as they may deem advisable, as a public highway; and they may require the payment by the petitioners of all or any part of the damages assessed or the costs which have accrued.
SEC. 9. If any person or persons claiming damages on Action for account of the location or alteration of any road under the damages. provisions of this Act shall be dissatisfied with the award of the Road Viewers, and cannot agree with the Board of Supervisors as to the amount of damages sustained, and shall refuse to receive the same, such person or persons 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, in said County of Santa Cruz, subject to the right to have the place of trial of such action changed, as in other civil cases. Said action shall be conducted in like manner as other actions in civil cases in the Courts of justice of this State, except as hereinafter provided. The complaint shall be in writing, and shall be verified by the oath of the plaintiff, and the summons, with a copy of the complaint, shall be served upon the District Attorney or Chairman of the Board of Supervisors of said county within twenty days of the time of final hearing, which shall be sufficient notice to the county; and it shall be the duty of the District Attorney to appear on the part of the county, and defend all actions commenced under the provisions of this Act. Unless such action is commenced and such summons issued and served within the time and in the manner in this section provided, the award of the Road Viewers shall become final. The Board of Supervisors may, at any time before the trial of such action, rescind the order establishing the location or alteration of such road, and in such case all actions for damages on account of such location or alteration shall be dismissed, and the costs shall be taxed against the county.
SEC. 10. If the plaintiff in the action shall fail to recover Costs, how a greater amount of damages than was awarded by the Road taxed. Viewers, or than that agreed to be allowed by the Board of Supervisors, all the costs in the case shall be taxed against him and in favor of the county, but in case he recover a greater amount than was awarded, he shall also recover his costs in the action.
SEC. 11. No public or private road shall be opened unless all claims for damages shall have been finally determined and compensation made.
Sec. 12. Whenever any public road is established or vacated, a particular description of such road shall be recorded by the Clerk of the Board of Supervisors in a book to be kept for that purpose, called the road record, and the Clerk of the Board of Supervisors shall, within ten days
Width of highways.
Notice of condemnnation.
thereafter, notify the Roadmaster of such establishment or vacation.
SEC. 13. Private roads may be laid out and established in the same manner as public roads; provided, the expense of laying out the same and all damages shall be paid by the party or parties for whose benefit such private road is laid out. The width of private roads shall not exceed forty feet. All private roads shall be opened and kept in good repair by the parties for whose benefit the same were laid out.
Sec. 14. All highways must be at least fifty feet wide,
except those now existing of a less width. Awards, how SEC. 15. All awards by agreement, ascertainment by the
Board, or by the proper Court, must be paid out of the General Road Fund of the county, on the order of the Board of Supervisors, or out of the General County Fund, in the
discretion of the Board. Draining of SEC. 16. When any road in the County of Santa Cruz
needs to be drained, and it be found necessary for that purpose to take the lands or construct a drain in or across the lands of any person, the Roadmaster of the road district in which the land is situated may proceed to have such lands condemned, or so much thereof as is necessary for the purposes of draining the road.
SEC. 17. The Roadmaster shall serve a notice upon the owner of, or the person in possession of the land, to the effect that he will, at the next regular meeting of the Board of Supervisors, apply to the Board to have the lands condemned, or so much thereof as is necessary, and shall give in the notice substantially a description of the land to be taken, the line of the drain and ditch, and where it shall begin and terminate. The notice shall be served at least ten days before such meeting of the Board, where the owner of the land is a resident of the county; but if he is a non-resident, the notice shall be deposited in the post-office, directed to him, post-paid, at least twenty days before the meeting of the Board. Where the owner is a minor, idiot, or an insane
person, the notice shall be served upon his guardian. Application SEC. 18. Any person owning or in possession of any land for damages, which it is proposed to condemn, or upon which it is pro
posed to locate or establish any drain or ditch, and desiring to apply for damages therefor, shall give notice of his intention in writing to the Board of Supervisors on the said next regular meeting day of the Board, to claim such damages. All persons who fail to give such notice at such time shall be considered as having waived their right to damages, and such failure may be plead in bar to any action for damages.
SEC. 19. On the first regular meeting of the Board of Supervisors, after the service of the notice, the Roadmaster shall present a petition to the Board for the condemnation of the lands needed for drainage purposes. The petition shall state substantially the matters provided to be stated in the notice, the name of the owner of, or the person in possession of the land, the reasons for the taking of the land, and the manner and time of service of the notice required