ARTICLE V. Persons must not work out of district. Employers responsible for highway labor assessed to employés. Penalty for loss of time PERFORMANCE OF HIGHWAY LABOR AND COMMUTATION. SECTION 2680. Persons must not work out of district. 2681. Employers responsible for highway labor assessed to employés. 2682. Penalty for loss of time or idleness; substitutes. 2683. Penalty for neglect. 2684. Excuse for neglect no exemption. 2685. Overseers, to whom and what to report. 2686. Reports, by whom and what. 2687. Report of unexpended moneys. 2688. Penalty for failure to report or pay over. 2680. Road Overseers must not require an individual to work out of the district in which he resides. 2681. Corporations or other employers of residents in any highway district, are responsible for the road poll tax assessed against their employés, and notice to the employer or managing agent requiring the payment of the road poll tax of the employé, charges such employer or corporation with such road poll tax. 2682. Each person appearing must actually work or idleness. eight hours each day, to be credited to him by the Substi tutes. Penalty for Overseer; for every hour unnecessarily lost or idled away he must be charged two hours, to be worked out on some other day under notice from the Overseer. Any person may work by an able-bodied substitute. 2683. Every person receiving due notice, who neglect. does not appear and labor or commute, is delinquent. Excuse for neglect no 2684. The Overseer's acceptance of an excuse for exemption. a neglect in no case exempts the person excused from performing or commuting for the whole number of days work for which he was assessed. to whom and what 2685. Every Overseer must make to the Commis- Overseers, sioner of Highways or Board of Supervisors, semiannually, a written account, under oath, containing: 1. The names of all persons assessed to work in his district; 2. The names of all who have actually worked, and the number of days; 3. The names of all who have commuted, and the amount received from them; 4. The names of all delinquents, and the amount collected from them; 5. 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; 6. The number of road poll tax receipts sold, and those returned unsold; 7. An accurate account of every day he himself was employed, and the nature and items of the service rendered. 2686. The Commissioner of Highways and the Board of Supervisors may require special reports from Road Overseers when deemed proper. The Commissioner of Highways must report to the Board of Supervisors all reports of Road Overseers made to him, showing all the facts contained in their reports made to him. to report. Reports, and what. by whom unexpend 2687. The Commissioner of Highways and Road Report of Overseers must accompany their reports with all unex-ed moneys. pended moneys remaining in their hands at the date of the report, and a statement of all moneys in the County Treasury to the credit of their road districts. 2688. A failure to make a report as required, or to pay over, on the order of the Commissioner of 64-VOL. I. failure to report or pay over. Penalty for Highways or of the Board of Supervisors, any moneys in his hands, subjects the Overseer to a penalty of twenty-five dollars, to be recovered in an action on his bond, together with any balance due from him; suit therefor may be instituted by the Commissioner of Highways or District Attorney, under order of the Board of Supervisors. Who may apply for change. ARTICLE VI. LAYING OUT, ALTERING, AND DISCONTINUING ROADS. SECTION 2698. Who may apply for change. 2700. Petitioners to give bonds for costs. 2701. Supervisors to order change, and to appoint Viewers. 2702. Viewers to be appointed, and their duties. 2703. Report of Viewers. 2704. Report not to be approved, when. 2705. Viewers and Surveyors, how paid, and on what certifi cate. 2706. Proceedings of Board in hearing report. 2707. Effect of, and proceedings on approval of Viewers' report. 2708. Proceedings to procure right of way. 2709. Awards, how and by whom paid. 2710. Width of highways. 2711. Private roads, how opened. 2712. Conveyances or decrees of condemnation of lands to be recorded. 2713. Roads crossing railroads, canals, or ditches. 2714. Fence to be removed, how. 2698. Any ten inhabitants of a road district taxable therein for road purposes may petition in writing the Commissioner of Highways or the Board of Supervisors to alter or discontinue any road, or to lay out a new road therein. NOTE. We here give cases which have arisen on the subject of this Article decided by our Supreme Court, not because particularly supporting the text, but that they may be consulted when similar questions arise. Waters as a highway.-Gunter vs. Geary, 1 Cal., p. 462. An order laying out a road void in being unconstitu tional does not cloud the title of land over which it pro- 2699. 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. What the petition must show. to give costs. 2700. The petitioners must accompany the peti- Petitioners tion with a good and sufficient bond, to be approved bonds for 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 not opened. to order 2701. Upon filing such petition and bond, the Supervisors Board of 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. 2702. The Road Viewers must be disinterested citizens of the county, but not petitioners; they must change, Viewers. and to appoint Viewers to be and their duties. be sworn to discharge their duties faithfully; must appointed, view and lay out the proposed alteration or new road over the most practicable route; notify 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. Report of Report not to be NOTE.-Stats. 1861, p. 390, Sec. 5. 2703. When the view and survey of the proposed alteration or new road is completed the Viewers must report to the Board of Supervisors: 1. The course, termini, length, and cost of construction of the proposed road; 2. The estimate of damage to the owner of any land over which it is proposed to run the road; 3. The names of landowners who consent to give the right of way, and their written consent thereto; 4. The names of landowners 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. NOTE.-Stats. 1861, p. 390, Sec. 5. 2704. No report of Viewers must by the Board of approved, Supervisors be approved which, without the consent of the owner and occupant, runs the road: when. 1. Through an orchard of four years growth; 2. Through a garden or yard four years cultivated; 3. Through buildings or fixtures, or erections for the purposes of residence, trade, or manufacture; 4. Through inclosures necessary for the use or enjoyment of the buildings, fixtures, or erections; or, |