1880 361 1885 ތ са 255 Viewers and their 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; ascer tain 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. Particularity & Sufficmey of Notice. Report of Report not to be NOTE.-Stats. 1861, p. 390, Sec. 5. Potter. V. Ames, 43. Cal 75. 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. 73.4 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, 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 wh what 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 1880 361 2706. The Board of Supervisors, on the coming Proceedin of the report, must fix a day for hearing the same, Board in 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 A or agent of the owner, or if neither, by posting notice 255-75-4 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 215 order, be declared a public highway, and the Com -73.4 1880 362 A 236 1430 362 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 Commisioner 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. Proceed- 73-4 Awards, how and Width of Private 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 herein before provided. 2709. 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. 2712. NOTE.-Stats. 1861, p. 392, Sec. 7. 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- rarols, 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. 2714. When the alteration of an old or the opening of a new road makes it necessary to remove fences 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. Fence to be how. 1880 363 A 236734 1880 363 Bridges, by whom. A1873-4 287 1880 ARTICLE VII. ERECTION AND MAINTENANCE OF BRIDGES. SECTION 2724. Bridges, how maintained and by whom. 2725. When aid may be given by county for bridge. 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 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 A1873-4 maintenance and repair of any bridge, they may in 237 county for 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. m Amendent relating to bridges in Tehama Co. |