5. 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 twelve 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. Same. and Surveyors, how paid, and on what certificate. 2705. The Viewers must be paid three dollars Viewers 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. ings of Board in hearing 2706. The Board of Supervisors, on the coming Proceedin of the report, must fix a day for hearing the same, must notify the owners of land not consenting to give report. 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 at 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 landowner, and declare the report of the Viewers to be approved or rejected. If the report is rejected the road must not be altered or opened. NOTE.-Stats. 1861, p. 391, Sec. 6. 2707. If the Board approve the report, and there are no non-consenting landowners, the road must, by order, be declared a public highway, and the Com Effect of, and pro approval of report. missioner of Highways or the Road Overseer ordered ceedings on to open the same to the public. If there are nonViewers' consenting landowners the Board must appropriate from the Road Fund of the district, and cause the Commissioner or Road Overseer to tender to such nonconsenting landowners the award for damages made by the Board. If the awards are all accepted the road must be declared a public highway and be opened as before provided. Proceedings to procure right of way. Awards, how and by whom paid. Width of highways. Private roads, how opened. NOTE.-Stats. 1861, p. 391, Sec. 6. 2708. If any award of damages is rejected by the landowners the Board must, by order, direct proceedings to procure the right of way to be instituted by the Commissioner of Highways, or District Attorney of the county, under and as provided in Title VII, Part III of THE CODE OF CIVIL PROCEDURE, against all non-accepting landowners, and when thereunder the right of way is procured the road must be declared a public highway and opened as hereinbefore provided. 2709. All awards by agreement, ascertainment by the Board, or by the proper Court, must be paid out of the Road Fund of the district on the order of the Board of Supervisors. If the road lies in more than one district the Supervisors must proportionately divide the awards and other costs between them. 2710. All highways must be at least fifty feet wide except those now existing of a less width. 2711. Private or by-roads may be opened for the convenience of one or more residents of any road district in the same manner as public roads are opened, whenever the Board of Supervisors may for like cause order the same to be viewed and opened, the person for whose benefit the same is required paying the damages awarded to landowners, and keeping the same in repair. NOTE.-Stats. 1861, p. 392, Sec. 7. 2712. In all cases where consent to use the right of way for a highway is voluntarily given, purchased, or condemned, and paid for, either an instrument in writing conveying the right of way and incidents thereto, signed and acknowledged by the party making it, or a certified copy of the decree of the Court condemning the same, must be made and filed and recorded in the office of the Recorder of the county, in which the land so conveyed or condemned must be particularly described. crossing canals, or ditches. 2713. Whenever highways are laid out to cross Roads railroads, canals, or ditches on public lands, the own- railroads, ers or corporations using the same must, at their own expense, so prepare their roads, canals, or ditches that the public highway may cross the same without danger or delay; and when the right of way for a public highway is obtained through the judgment of any Court over any railroad, canal, or ditch, no damages must be awarded for the simple right to cross the same. to be 2714. When the alteration of an old or the open- Fence ing of a new road makes it necessary to remove fences removed, on land given, purchased, or condemned by order of a Court for road or highway purposes, notice to remove the fences must be given by the Road Overseer or Commissioner of Highways to the owner, his occupant, or agent, or by posting the same on the fence, and if the same is not done within ten days thereafter, or commenced and prosecuted as speedily as possible, the Commissioner of Highways or Road Overseer may cause it to be carefully removed at the expense of the owner, and recover of him the cost of such removal, and the fence material may be sold to satisfy the judgment. NOTE.-N. Y. P. C., Sec. 484. Bridges, how main by whom. ARTICLE VII. ERECTION AND MAINTENANCE OF BRIDGES. SECTION 2724. Bridges, how maintained and by whom. contract. 2727. When one Overseer fails to aid, who may repair bridge. 2728. Overseers failing, how bridge repaired. 2729. Construction of bridge petitioned for and notice. 2731. Report of officers to embrace bridges. 2724. All public bridges not otherwise specially tained and provided for are maintained by the road district 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 Commissioner of Highways, Road Overseer, and Board of Supervisors, the expense of constructing, maintaining, and repairing the same being primarily payable out of the Road Fund of the district in the hands of the Road Overseer or County Treasurer, and from road poll taxes. When aid may be given by county for bridge. NOTE. Consult Huffman vs. San Joaquin Co., 21 Cal., p. 426, and the statute under which the case arose. For punishment of injuries to bridges see Secs. 588-590, Penal Code Cal. 2725. Whenever it appears to the Board of Supervisors that any road district is or 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; or they may levy a special bridge tax therefor, not exceeding one fourth of one per cent on the taxable property of the county annually, till the amount appropriated in aid is raised and paid. tion and repair of bridges to be let out by contract. 2726. No bridge, the cost of the construction or Construcrepair of which will exceed the sum of one 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, through the Commissioner of Highways or Road Overseer, by publication at least two weeks in a county newspaper; and if none, then by three posted notices-one at the Court House, one at the point to be bridged, and one at some other neighboring public place; 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. 2727. If the Road Overseer of one road district, after five days notice from the Overseer 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 repairs, and must be allowed a pro rata compensation therefor by the Board of Supervisors out of the Road Fund of the defaulting district. NOTE.-Stats. 1856, p. 193, Sec. 8. 2728. If the Overseer of any road district chargeable with the repair of a bridge fails to make the needed repairs after being informed that a bridge is impassable or unsafe, and is requested to make the same by two or more freeholders of the district in which it is situate, or the two districts which it unites, the freeholders may represent the facts to the Board of Supervisors, who, upon being satisfied that the bridge is unsafe, must cause the same to be repaired, and must pay therefor from the funds of the district chargeable therewith. 65-VOL. I. When one fails to Overseer aid, who may repair bridge. Overseer failing, how bridgo repaired. |