District

excepted.

The City of Sacramento shall constitute Road District NumNumber One ber One, in said county; and eighty per cent. of all the taxes collected under the provisions of this Act in said city must by the Treasurer of said county be paid into the treasury of said city as fast as the same are collected, and the money so paid into said treasury must be applied by the Board of Trustees of said city in repairing, maintaining, graveling, paving, or planking streets and alleys in said city. Subdivisions one, two, three, four, five, seven, eight, ten, and eleven of this section shall not apply to Road District Number One. SEC. 8. Road districts, other than District Number One, must be carefully and distinctly defined, and described and designated by the municipal towns, or townships, or precinct lines; until such subdivision is made, the road districts of Sacramento County must continue as they are at present defined. Road districts, other than District Number One. may be altered, changed, created, or modified by the Board of Supervisors as occasion requires; and, upon petition of a majority of the land owners in any precinct they shall constitute such precinct a road district.

Other road districts.

Overseers to qualify.

Duties of
Overseers.

SEC. 9. Overseers of road districts receive notice of their appointment from the Clerk of the Board of Supervisors, and within ten days thereafter must give the official bond required by the Board of Supervisors in the order of appointment, and take the usual oath of office. The notice and certificate that the bond has been filed, and the oath taken 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a commission, and authorizes the person named in and holding the same to discharge the duties of Overseer until superseded.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. 10. Road Overseers, under the direction and pursuant to orders of the Board of Supervisors appointing them, must: First-Take charge of the public highways within their respective districts.

Second-Keep them clean from obstructions and in good

repair.

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

Fourth-Give two days' notice to the inhabitants of his road district liable to do work on roads, when, where, with what implements, and under whose direction to work, and superintend the same.

Fifth-Collect from each inhabitant notified to work and who fails to work, or prefers to pay it, the commutation fee. Sixth-Make semi-annual reports of all labor performed in his district, and how all road poll-tax and commutation moneys were expended, to the Board of Supervisors, under oath.

Seventh-Assist in laying out new roads.

Eighth-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.

Ninth-Pay over to his successor, or into the fund of his road district, in the county treasury, all road moneys in his hands and unexpended.

Tenth-Receive for his services, from moneys coming into Salary. his hands belonging to his road district, the sum of two dollars for each day's work performed by him, not to exceed one hundred dollars per annum, to be audited and ordered paid by the Board of Supervisors.

SEC. 11. From the property road tax the County Treasurer General must annually set aside twenty per cent. of the aggregate for road tax. general county road purposes, from which the Board of Supervisors may direct such amounts to be paid as may be found necessary for such general road purposes, in which the inhabitants of all the districts are more or less interested. The object of the appropriation must be specified in each order made therefor. The Board shall have no power to create debt on any road district in excess of ten per cent. on the estimated amount of the tax receipts from said district for the next ensuing year.

Every male inhabitant of a road district, except Road of District Number One, over twenty-one and under fifty poll-tax. years of age, must perform two days' labor annually, to be known as road poll-tax, upon the roads and highways of the district, under the demand and direction of the Road Overseer thereof, or pay to said Overseer a commutation fee of four dollars.

SEC. 13. Each Road Overseer must, within twenty days after his qualification, deliver to the Clerk of the Board of Supervisors a list of the inhabitants of his district liable for road poll-tax therein. This list must be laid before the Board of Supervisors at their first meeting held thereafter.

tax.

SEC. 14. The Board of Supervisors must, each year, prior Property to the meeting at which they are required to levy the prop- highway erty tax for county purposes, estimate the probable amount of property taxes for highway purposes which may be necessary for the ensuing year, over and above the road poll-tax, and must regulate and fix the amount of property highway tax, and levy the same.

SEC. 15. The Board of Supervisors must provide proper Poll-tax blank road poll-tax receipts, to be signed by the Clerk of the receipts. Board, who must deliver to each Road Overseer a number equal to the number of inhabitants of their respective districts liable for road poll-tax, take receipts therefor, and charge the road officer receiving the same therewith. But credit must be given to each Road Overseer for all unsold blank road poll-tax receipts returned to the Clerk of the Board of Supervisors.

SEC. 16. Road Overseers must make out lists of the inhabitants of the road districts liable for road poll-tax, and require of each the performance of the labor or the payment of the commutation, and apply such labor and commutation money in the opening, maintaining, and repair of the highways and adjuncts in their respective road districts.

SEC. 17. The Road Overseers must, from time to time, add to the list the names of persons liable for road poll-tax who were omitted, or who have become inhabitants of his district since the original list was made, and enforce the

Levy and

property

tax.

road poll-tax, or collect the commutation fee therefor, and apply the same as herein before provided.

SEC. 18. The annual property tax for road purposes collection of must be levied by the Board of Supervisors at the session when the tax is by them levied for county purposes, and must not exceed fourteen cents on each one hundred dollars in value taxable property, and when levied, the taxes must be annually assessed and collected by the same officers, and in the same manner, as other State and county taxes are levied, assessed, and collected.

Work on

roads.

Employers liable.

Day's work.

Overseer's report.

SEC. 19. Each person residing in any road district other than Road District Number One, who shall desire to pay eighty per cent. of his property road tax in labor on the roads, for any year, must, within the months of January or February preceding such year, give notice in writing to the Road Overseer of such desire. The Road Overseer must, on or before the first day of March in each year, file said notice with the County Assessor, who shall note that fact against the name of the person on the assessment book. And the Tax Collector, at any time before the tax becomes delinquent, may receive from such person, in payment of eighty per cent. of such tax, the certificate of the Road Overseer that work to the amount thereof has been performed on the road by such person, and in the settlement of the Tax Collector said certificate shall be counted as so much money, and shall by the Treasurer be presented to the Board of Supervisors, who shall thereupon draw a warrant in favor of said Treasurer, for the amount thereof, against the Road Fund for that district.

SEC. 20. Road Overseers must not require an individual to work out of the district in which he resides.

SEC. 21. Corporations or other employers of residents in any highway district are responsible for the road poll-tax assessed against their employés, and a notice to the employer or managing agent, requiring the payment of the road polltax of the employé, charges such employer or corporation with such road poll-tax.

SEC. 22. Each person appearing must actually work ten hours each day, to be credited to him by the Overseer. For every hour unnecessarily lost or idled away he must be charged two hours, to be worked out upon some other day, under notice from the Overseer. Any person may work by an able-bodied substitute.

SEC. 23. Every person receiving due notice, who does not appear and labor or commute, is delinquent.

SEC. 24. Every Overseer must make to the Board of Supervisors, semi-annually, a written account, under oath, containing:

First-The names of all persons as assessed to work in his district.

Second-The names of all who have actually worked, and the number of days.

Third-The names of all who have commuted, and the amount received from them.

Fourth-The names of all delinquents and the amount collected from them.

Fifth-A full return, by items, of the amount of labor and money expended at each separate point, and the manner in which and the time when the same was done.

Sixth-The number of road poll-tax receipts sold, and those returned unsold.

Seventh-An accurate account of every day he himself was employed, and the nature and items of the service rendered. SEC. 25. Road Overseers must accompany their reports with all unexpended moneys remaining in their hands at the date of the report.

failure.

SEC. 26. A failure to make a report as required, or to pay Penalty for over, on the order of the Board of Supervisors, any moneys in his hands, subjects the Overseer to a penalty of twentyfive dollars, to be recovered in an action on his bond, together with any balance due from him. Suit therefor may be instituted by the District Attorney, under order of the Board of Supervisors.

etc.

SEC. 27. Any ten inhabitants of a road district, taxable Petitions for therein for road purposes, may petition, in writing, the Board alterations, of Supervisors to alter or discontinue any road, or to lay out a new road therein.

SEC. 28. 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. 29. The petitioners must accompany the petition with a good and sufficient bond, to be approved by the Supervisors, 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 opened.

cost.

SEC. 30. Upon filing such petition and bond, the Board Viewers to of Supervisors must appoint three Viewers, one of whom estimate 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. 31. The Road Viewers must be disinterested citizens To be disinof the county, but not petitioners. They must be sworn to terested. discharge their duties faithfully, and must view and lay out the proposed alteration or new road over the most practicable 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.

Report of
Viewers.

Property exempt from

SEC. 32. When the view or survey of the proposed alteration or new road is completed, the Viewers must report to the Board of Supervisors:

First-The course, terminus, length, and cost of construction of the proposed road.

Second-The estimate of damage to the owner of any land over which it is proposed to run the road.

Third-The names of land owners who consent to give the right of way and their written consent thereto.

Fourth-The names of land owners who do not consent, and the amount of damage claimed by each.

Fifth-Such other facts bearing upon the subject of importance to be known by the Board of Supervisors.

SEC. 33. No report of Viewers must, by the Board of Supercondemna visors, be approved, which, without the consent of the owner and occupant, would have the effect to open the road:

tion.

Salary of
Viewers.

Hearing of report.

First-Through an orchard of four years' growth.

Second-Through a garden or yard four years cultivated. Third-Through buildings, or fixtures, or erections for the purposes of residence, trade, or manufacture.

Fourth-Through inclosures necessary for the use or enjoyment of the buildings, fixtures, or erections; or,

Fifth-Through inclosed or improved lands.

Unless the Board of Supervisors are satisfied, from personal examination and observation, or from the sworn statement of at least five residents of the road district, that the opening of such road through such premises is a necessity, a great public benefit, or a great convenience to a majority of the inhabitants of the district.

SEC. 34. The Viewers must be paid three dollars each per day for their services, out of the Road Fund of the district 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. 35. The Board of Supervisors, on the coming in of the report, must fix a day for hearing 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 personally, or on the occupant, or agent of the owner, or if neither, by posting notice on the most conspicuous place on the land, or left at the owner's, agent's, or occupant's residence 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, hear evidence and proof from all parties interested, for and against the proposed alteration or new road; ascertain and by order declare the amount of damage awarded to each non-consenting land owner, and declare the report of the Viewers to be approved or rejected.

SEC. 36. If the Board approve the report, and there are no non-consenting land owners, the road must, by order, be declared a public highway, and the Road Overseer ordered to open the same to the public. If there are non-consenting land owners, the Board must appropriate from the Road Fund of the district, and cause the Overseer to tender to