Abandonment of highways. Duties of Clerk relative to road matters. turnpike, plank, or common wagon road is dissolved, or discontinues the road or bridge, or has expired by limitation, the bridge or road becomes a highway. NOTE. This section is substantially the same as Sec. 397 of the N. Y. Pol. Code. On the subject of the dedication of highways, or lands for highway purposes, consult San Francisco vs. Scott, 4 Cal., p. 114, and Harding vs. Jasper, 14 Cal., p. 642. See Sec. 2799, post, "Abandonment of Toll Road." 2620. A road not worked or used for the period of five years ceases to be a highway for any purpose whatever. NOTE.-Lyon vs. Munson, 2 Cow., p. 426. In the case of Sherman vs. Buick, 32 Cal., p. 241, it was said that all "roads" are public; that to the common law the term "private road" was unknown; that roads leading from private residences, etc., to the main roads or thoroughfares of the country are open to the use of the public and the subject of legislation. In New York abandonment of a public highway, as such, was presumed from non-use for six years; here, to accord with our former statutes, it is fixed at five years. 2621. The Clerk of the Board of Supervisors must keep a book in which must be recorded sepa rately all proceedings of the Board relative to each road district, including orders laying out, altering, and opening roads; and in a separate book a discription of each road district, its Overseers, its roads, highways, contracts, and all other matters pertaining thereto. NOTE. This entire Chapter is for the most part new, but is a complete, comprehensive, and elastic road law, intended to be so flexible that it may be, by local authority that is, under the Boards of Supervisors and Road Overseers-made applicable to all counties, however differing in the pursuits of their citizens or the topography of the country. The advantages to be derived from a general road law, applicable alike to the entire State, are so apparent as to require no argument in their support. If it should wisely be determined to finally stop special legislation on this subject, and to adopt a general road law, the framework is here presented for so desirable an end. ARTICLE II. RULES AND RESTRICTIONS RESPECTING THE USE OF HIGHWAYS. SECTION 2631. The public easement. 2632. Adjoining owner may construct sidewalk. 2633. May plant trees. 2634. Gas, water, and railroad corporations may lay down 2635. Other corporations may acquire right of way. easement. 2631. By taking or accepting land for a highway The public the public acquire only the right of way and the incidents necessary to enjoying and maintaining it, subject to the regulations in this and THE CIVIL CODE provided. All trees within the highway, except only such as are requisite to make or repair the road or bridges on the same land, are for the use of the owner or occupant of the land. NOTE.-What public acquires.-16 N. Y., p. 97; 15 2632. Any owner or occupant of land may construct a sidewalk on the highway along the line of his land, subject, however, to the authority conferred by law on the Board of Supervisors and the Overseers of Highways; and any person using such sidewalk with horse or team without permission of the owner is liable to such owner or occupant in the sum of five dollars for each trespass and for all damages suffered thereby. Adjoining construct owner may sidewalk. trees. 2633. Any owner or occupant of land adjoining a May plant highway not less than three rods wide may plant trees on the side contiguous to his land. They must be set in regular rows, at a distance of at least six feet from each other and not more than six feet from the boun dary of the highway. If the highway is more than six rods wide the row must not be less than six nor more than twelve feet from the boundary of the high Gas, water, and railroad corpora tions may lay down way. Whoever injures any of them is liable to the owner or to the occupant for the damage which is thereby sustained. 2634. Every gas, water, or railroad corporation has power to lay conductors and tracks through the public ways and squares in any city, village, or town, when conductors it is established, with the consent of the municipal authorities thereof, and under such reasonable regula tions as the authorities and the law prescribe. and track. Other corpora right of way. 2635. The cases and manner in which railroad, tions may plank road, turnpike, and common wagon road coracquire porations may acquire a right of way upon the public highways are provided for in the subsequent Chapters of this Code, in Title VII, Part III of THE CODE OF CIVIL PROCEDURE, and under Title "Corporations" of THE CIVIL CODE. Counties classified for highway purposes. ARTICLE III. POWERS AND DUTIES OF BOARDS OF SUPERVISORS AND HIGHWAY SECTION 2645. Counties classified for highway purposes. 2646. Commissioners of Highways. 2647. Duties of Commissioners of Highways and Boards of Supervisors. 2648. Road Districts, how defined and described. 2649. Overseers notified to give bond, take oath, etc. 2650. Duties of Road Overseer. 2651. Commissioner of Highways, duties. 2652. Compensation of Commissioner of Highways. 2653. General Road Fund for general road purposes. 2645. For highway purposes the counties of this State are divided into two classes: 1. Counties having a population of ten thousand inhabitants or over are of the first class; 2. Counties having a population of less than ten thousand are counties of the second class. NOTE.-Under the Federal census of eighteen hundred and seventy, the following counties are of the first class: Alameda, Butte, El Dorado, Los Angeles, Nevada, Placer, Sacramento, San Francisco, San Joaquin, Santa Clara, Solano, Sonoma, and Yuba; all the others are of the second class. When another State or Federal census is taken, a new classification will, by operation of this section, take place. San Francisco is exempt from the provisions of this Title, having a city and county government peculiar to it. sioners of 2646. For all counties of the first class there must Commisbe elected at the general election every two years some Highways. elector of the county to act as Commissioner of Highways, who holds his office for two years, commencing and ending at the time and in like manner as other ministerial county officers. He must give an official bond in the sum of twenty thousand dollars, executed as other official bonds are executed, and take the usual oath of office. The Board of Supervisors must order the election, fill vacancies, and exercise a supervisory control over the Commissioners of Highways. 2647. In the counties of the first class the Commissioners of Highways, subject to rejection or modification and approval of the Board of Supervisors, and in counties of the second class the Board of Supervisors, by proper ordinances, must: 1. Divide the county into a suitable and convenient number of road districts, and appoint therefor annually, or whenever vacancies occur, Overseers, with power to remove them at pleasure; 2. Cause to be surveyed, viewed, laid out, recorded, opened, and worked, such highways as are necessary for public convenience, as in this Chapter provided; 3. Cause to be recorded as highways such roads as have become such by usage or abandonment to the public; 4. Abolish or abandon such as are unnecessary; 63-VOL. I. Duties of sioners of and Boards Commis Highways of Supervisors. Same. Road Districts, how defined and 5. Contract, agree for, purchase, or otherwise acquire the right of way over private property for the use of public highways; and for that purpose institute, or require the District Attorney to institute, proceedings under Title VII, Part III of THE CODE OF CIVIL PROCEDURE, and to pay therefor from the District Road Fund of the particular district; 6. Let out by contratt the improvement of highways, and the construction and repair of bridges or other adjuncts to highways, when the amount of work to be done by contract exceeds one hundred dollars; 7. Levy a property road tax; 8. Order and direct Overseers specially in regard to work to be done on particular roads in their districts; 9. Cause to be erected and maintained on the highways they may designate milestones or posts, and guide posts, properly inscribed; 10. Cause the road tax collected each year to be apportioned to the road districts entitled thereto, and kept by the Treasurer in separate Funds; 11. Audit and draw warrants on the Funds of the respective road districts when required to pay for right of way or work or improvements thereon. 2648. The road districts must be carefully and distinctly defined and described, and designated by described. the municipal towns or townships; until such division is made the road districts of the various counties must continue as they are at present defined. Road districts may be altered, changed, created, or modified by the Commissioner of Highways and the Board of Supervisors, as occasion requires. When such acts are done by the Commissioner they are subject to rejec tion, modification, and approval by the Board. 2649. Overseers of road districts receive notice of their appointment from the Commissioner of Highways or the Clerk of the Board of Supervisors, and |