Page images
PDF
EPUB

by this Act. The petition shall be verified by the affidavit of the Roadmaster.

SEC. 20. If the Board of Supervisors is of the opinion that Viewers to the drainage of the road is practicable, and that the taking lay out ditch. of the lands, or the construction of a drain or ditch thereon, is necessary for that purpose, it shall appoint as Road Viewers three citizens of the county, who, after taking an oath to perform faithfully the duties devolved upon them as Road Viewers, shall, as soon as practicable, view and designate the land proposed to be taken, or the route of the ditch or drain, and shall lay out the course of the drain or ditch, distinctly marking the beginning and ending of the same, and a space of land on each side thereof, for access to the same, not more than six feet wide on each side. They shall also estimate the damages accruing to any person thereby; provided, that no land covered by orchards, vineyards, or houses, or other improvements of a substantial character shall be taken under the provisions of this Act.

SEC. 21. On the first day of the regular meeting of the viewers to Board of Supervisors next succeeding that at which the Road file report, Viewers are appointed, or at a special meeting of the Board called for considering the matter, the Road Viewers shall file with the Clerk of the Board a report of their proceedings in the premises, which shall show:

First-Who of them were present.
SecondThat ey were sworn.

Third-Whether the taking of the land or the location of any drain or ditch thereon is or is not advisable.

Fourth-A description of the land or of the route of the ditch or drain.

FifthThe amount of damages sustained by such applicant for damages.

Sixth-The acreage of the land taken, or the depth, width, and length of the ditch or drain.

The Board may hear any evidence touching the matter, and, if in its opinion the public good and convenience require the proposed drainage of the road, and that the land taken, or ditch or drain shall be constructed, it shall confirm the report of the Road Viewers, in whole or in part, thereon, and establish the selection of the land or the location of the ditch or drain, and direct the amount of damages to be paid out of the County Road Fund of the county.

SEC. 22. If any person claiming damages under the when action provisions of section sixteen (16), seventeen (17), eighteen may be (18), nineteen (19), twenty (20), and twenty-one (21), of this damages. Act is dissatisfied with the award of the Viewers, and cannot agree with the Board of Supervisors as to the amount of his damages, he may proceed against the county by suit, as is provided for in section nine (9) of this Act, and section ten (10) of this Act is hereby made applicable to such suit or proceeding. The notices required by the preceding sections of this Act shall be served personally upon the owners of the lands affected by the proceedings of which notice is given, or, if the owner is a minor, idiot, or insane person, having a guardian', then upon such guardian; provided, that if such

Public bridges.

Same.

owner or guardian is a non-resident of the county, or if such minor, idiot, or insane person has no guardian duly appointed, then it shall be sufficient to post notices in three public and conspicuous places on the land of the owner affected by such proceeding, and to notify the occupant thereof, if any. Any person claiming damages under any of the proceedings authorized by the preceding sections of this Act shall, before the day of hearing provided in sections eight and twenty-one of this Act, give notice to the Board of Supervisors of their claim for damages, and any claimant failing to give the Board such notice shall be deemed to have waived all claims for damages, and to have dedicated the land sought to be taken to the public use.

SEC. 23. All public bridges, not otherwise specially provided for, are maintained by the road districts in which they 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 Board of Supervisors, the expense of constructing, maintaining, and repairing the same being primarily paid out of the Road Fund of the district, in the hands of the Roadmaster or County Treasurer, and from road poll-taxes.

SEC. 24. Whenever it appears to the Board of Supervisors that any road district 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.

SEC. 25. No bridge, the cost of the construction or repair of which will exceed the sum of five hundred dollars, must be constructed or repaired except on 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, by publication, at least two weeks, in a county newspaper in said county, 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. 26. If the Roadmaster of one road district, after five days' notice from the Roadmaster of an adjoining district to aid in the repair of a bridge in which each are interested, fails so to aid, the one giving notice may make the necessary repair, and must be allowed a pro rata compensation therefor by the Board of Supervisors out of the Road Fund of the defaulting district.

SEC. 27. The Supervisor of each supervisor district shall have the general supervision of the public roads in his supervisor district. He shall view all work performed, and materials furnished for the public roads, and may be present at any view or location, or change of location of any public road authorized to be made by the Board of Supervisors.

SEC. 28. The Board of Supervisors shall appoint a Roadmaster for each road district, who shall hold his office from

Same.

Same.

Supervisor
to have
supervision,

Roadmaster.

the time of appointment, and until the expiration of the road year during which he was appointed; provided, the said Board may remove from office any Roadmaster at any time. Each Roadmaster shall be a resident citizen and tax-payer of the district for which he was appointed. It shall be the duty of the Clerk of the Board of Supervisors to notify the persons so appointed of their appointment, and each of them shall thereupon, or within ten days thereafter, qualify by taking the path of office, and by filing a bond with the County Clerk, in the form prescribed by the Political Code, conditioned for the faithful performance of the duties of the office, in the penal sum of one thousand dollars.

SEC. 29. The Board of Supervisors shall levy annually, at Rond the regular meeting of the Board in March, or at any meeting Toll-tax. thereafter, a road poll-tax of not exceeding three dollars for the succeeding road year, collectable immediately, on all able-bodied men between the ages of twenty-one and fifty years, and shall cause proper blank road polì-tax receipts to be prepared, of a uniform appearance, which shall be numbered consecutively, and signed by the Chairman of the Board, who shall thereupon deliver the same to the Auditor, taking his receipt therefor. The Auditor shall countersign said poll-tax receipts, and enter the amount of tax thereon, and issue to the Road Poll-tax Collector such a number of said receipts as may be needed by him, taking his receipt therefor.

SEC. 30. The Roadmaster of each road district shall be Roadmasters Road Poll-tax Collector for his district. It shall be the duty of said Road Poll-tax Collector to proceed to collect the said road poll-tax on the first Monday in March of each year, or as soon thereafter as the same shall be levied, and shall continue to collect and enforce the collection of said tax from all residents of said county liable to pay such tax, while any of said tax remains unpaid. If any person liable to pay such tax shall refuse or neglect to pay the same, the said Tax Collector shall have the power, and shall proceed to collect the same in the same manner as is provided by law for the collection of poll-taxes; and it shall not be a defense to the collection of said tax that the same has not been listed by an Assessor, or by said Poll-tax Collector.

SEC. 31. Upon the payment of a road poll-tax, the Road MisdePoll-tax Collector shall deliver to the person paying such tax a receipt, as furnished to him by the Auditor, and signed by the said Tax Collector. Any Tax Collector failing to deliver a receipt, as required by this section, to any person who has paid his road poll-tax, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not less than one hundred or more than five hundred dollars.

SEC. 32. Corporations or other employers of residents in Employer any road district are responsible for the road poll-tax of their responsible. employés, after notice to them that such posl-taxes are due from said employés; and provided, that wages to the amount of such poll-tax are due to each of said employés from such corporation or employer, the amount thereof may be deducted

to collect same.

meanor.

Sale of

taxes,

from the wages so due; and a notice to the employer or managing agent, requiring the payment of road poll-tax of the employé, charges such employer or corporation with such road poll-tax, and the Tax-Collector shall have the right to demand of any employer or managing agent a complete and correct list of the names of the men employed by such corporation or employer in his district; and any such employer or managing agent refusing or neglecting to give such list when demanded by the said Tax Collector shall be liable to a fine of not less than ten, nor more than fifty dollars, to be recovered by action before a Justice of the Peace, in the name of the Road Poll-tax Collector. All fines collected under the provisions of this Act shall be paid into the county treasury, and shall be placed to the credit of the Road Fund of the district in which said fine is collected.

SEC. 33. The Poll-tax Collector may collect poll-tax from property for any person liable therefor, by seizure and sale of any per

sonal property owned by such person. The sale must be at public auction, and of a sufficient amount of the property to pay the taxes and costs hereinafter allowed. Five days' notice of the time and place of sale must be given by posting in three public places in the road district, and on payment of the price bid for any property sold, and the delivery thereof with a bill of sale, vests the title thereto in the purchaser. All excess over the taxes and costs of the proceeds of any such sale must be returned to the owner of the property sold, and until claimed, must be deposited in the county treasury, subject to the order of the owner, his heirs or assigns. The unsold portion of any property may be left at the place of sale at the risk of the owner. The Poll-tax Collector shall collect, in addition to said tax, two dollars as costs of such seizure and sale, which said costs shall be accounted for to the Board of Supervisors, and paid into the county treasury for the benefit of the road district.

SEC. 34. The Road Poll-tax Collector shall quarterly deliver to the County Auditor a statement in writing, under oath, containing a full, true, and correct list of all persons who shall have paid a road poll-tax, and the total amount of road poll-taxes and costs collected in each road district during the preceding quarter. The County Auditor shall place to the credit of each road district the amount of road polltaxes and costs collected in said district, and shall furnish to the said Tax Collector a statement of the amount due to each road district of the tax thus collected and accounted for. The said Tax Collector shall thereupon present such statement to the County Treasurer, and shall pay to him the amount of money due, as shall appear by such statement. The County Treasurer shall deliver to the said Tax Collector duplicate receipts for the money thus paid, one of which receipts shall be filed with the County Auditor. On the first Monday in March in each year the said Tax Collector shall return to the County Auditor all road poll-tax receipts then remaining in his hands and not used, and the County Auditor shall then and there make a final settlement with the said Tax Collector for all road poll-tax receipts delivered to him.

Collector's statement.

tion.

masters.

SEC. 35. The County Treasurer shall place to the credit Treasurer. of each road district the amount of money received by him from the said Tax Collector, derived from the collection of road poll-taxes in such district, and shall pay out of the same all warrants of the County Auditor, which warrants shall be based upon allowances made by the Board of Supervisors for labor performed on or material furnished for the public roads of such district.

SEC. 36. The Board of Supervisors shall have the power Commutato authorize the Roadmasters of any or all road districts to commute the payment of the road poll-tax with any or all persons liable to pay said tax in such district, by performance of labor on the public roads in such district, on such terms as the Board of Supervisors may direct. Upon the performance of such labor, the Roadmaster shall deliver to the person who has performed the same, a receipt for such labor, and any person holding such a receipt shall not be liable to pay a road poll-tax during the road year in which such labor was performed.

SEC. 37. The Board of Supervisors shall have power to provide by ordinance for the protection of all highways and bridges.

SEC. 38. The Board of Supervisors shall have power to Assistant appoint, in each road district, one or more Assistant Road- Reader masters, and all provisions of this Act relating to Roadmasters shall be applicable to such Assistant Roadmasters.

SEC. 39. If any highway, duly laid out or established, is encroached upon by fences, buildings, or otherwise, the Roadmaster of the district may, orally or in writing, require the encroachment to be removed from the highway.

SEC. 40. Notice must be given to the occupant or owner Encroachof 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 highway, the place and extent of the encroachment, and requiring him to remove the same within ten days.

SEC. 41. 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, 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 Roadmaster must forth with remain (remove) the same.

SEC. 42. If the encroachment is denied, and the owner, occupant, or person contracting the matter or thing charged with being an encroachment, refuses either to remove or permit the removal thereof, the Roadmaster 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. 43. If the encroachment is not denied, but is not removed for five days after the notice is completed, the

mente.

« PreviousContinue »