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Encroachments, how removed.
failure to remove en
the contract, and have the same erected, and provide the payment therefor, as herein provided.
SEC. 57. Road Overseers must, in their official reports, full accotine give a full account of all bridges of which they have, in of bridges. whole or in part, the charge and maintenance; those con
structed or repaired, and the cost thereof; the amounts expended thereon, from what source derived, and the present and prospective condition thereof.
SEC. 58. Each Supervisor's District is responsible for providing and keeping passable, and in good condition and repair, bridges on all public highways.
SEC. 59. If any highway duly laid out or erected is encroached upon by fences, buildings, or otherwise, the Road Overseer of the district may orally, or in writing, require the encroachment to be removed from the highway.
SEC. 60. Notice must be given to the occupant or owner of the land, or person causing or owning the encroachment, or left at his place of residence, if he resides in the county; if not, it must be posted on the encroachment, specifying the breadth of the highway, the place and extent of the encroach
ment, requiring him to remove the same within ten days. Penalty for SEC. 61. If the encroachment is not removed nor dili
gently prosecuted prior to the expiration of the ten days croachment from the service or posting of the notice, the one who caused,
or owns, or controls the encroachment, forfeits ten dollars for each day the same continúe unmoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for vehicles, the Overseer must forth with remove the same.
SEC. 62. If the encroachment is denied, and the owner, croachment occupant, or person controlling the matter or thing charged
with being an encroachment, refuses either to remove or permit the removal thereof, the Road Overseer must commence, in the proper Court, an action to abate the same as a nuisance, and if he recovers judgment he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after notice, and also his costs, in an action for that purpose.
SEC. 63. If the encroachment is not denied, but is not removed for five days after the notice is complete, the Road Overseer may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, as also for each day the same remained after notice was complete the sum of ten dollars, in an action for that purpose.
SEC. 64. All persons excavating irrigating ditches across bridged.
the public highways in said county are required to bridge said ditches at such crossings, and upon neglect to do so the Overseer of Highways for that road district shall construct the same and recover cost of construction of said person, by an action at law in his official name, before any Court of
competent jurisdiction. Damage by SEC. 65. All persons who shall be irrigating lands, and
shall permit the waste water to overflow the highways, shall, upon notification by the Overseer of Highways, repair the
Neglect to renove same.
Ditches to be
damage occasioned by such overflow, and upon his neglect to do so forth with, the Overseer of the district shall make such repair, and recover the expense thereof against such person or corporation by an action at law as provided in the previous section.
SEC. 66. No gates must be allowed on any public highway Gates on duly laid out, except on highways running through lands highways. subject to overflow to such extent as to remove the fence. Where so allowed, they must be erected and maintained at the expense of the owner or occupant at whose request or for whose benefit they were erected. If such expense is not paid the gate must be removed as an obstruction.
Sec. 67. Any one who leaves open such gate, or willfully Penalty for or unnecessarily rides over such ground adjoining the road caring gate on which such gate is erected, forfeits to the injured party treble damages
SEC. 68. Whoever obstructs or injures any highway, or obstruction obstructs or diverts any water-course thereon, is liable to a of highway. penalty of five dollars for each day such obstruction or injury remains, and must be punished as provided in section five hundred and eighty-three of the Penal Code.
SEC. 69. Whoever removes or injures any mile-boards, or Injuring mile-stones, or guide-posts, or any inscriptions on such, guide-posts. erected on any highway, is liable to a penalty of ten dollars for every such offense, and punishable as provided in section five hundred and ninety of the Penal Code.
SEC. 70. Any person may notify the occupant or owner of obstruction any land, from which a tree or other obstruction has fallen
on highupon any highway, to remove such tree or obstruction forthwith. If not so removed, the owner or occupant is liable to a penalty of one dollar for each day thereafter, until it is removed, and the cost of the removal.
SEC. 71. Whoever cuts down a tree so that it falls into any highway must forth with remove the same, and is liable to a penalty of five dollars for every day the same remains in such highway.
Sec. 72. Road Overseers may put upon bridges under their Notice on charge, notice that there is five dollars' fine for riding or driv- brilges. ing on this bridge faster than a walk. Whoever thereafter rides or drives faster than a walk on such bridge is liable to pay a fine of five dollars for each offense.
Sec. 73. Whoever digs up, cuts down, or otherwise injures Injuring or destroys any shade or ornamental tree (unless the same this way
highways. may be deemed an obstruction by the Road Overseer, and removed under his directions), planted or standing in any highway, forfeits twenty-five dollars for each tree.
SEC. 74. All penalties and forfeitures given in this chap- Penalties, ter, and not otherwise provided for, must be recovered by the combo Commissioner of Highways, or Road Overseers of the respective road districts, and to be applied on the highways in which they are collected.
SEC. 75. All Acts or parts of Acts in conflict with or contravening the provisions of this Act are hereby repealed.
SEC. 76. This Act shall take effect from and after its passage.
CHAP. XI.-An Act to limit and fix the rates of fares on street
railroads in cities and towns of more than one hundred thousand inhabitants.
[Approved January 1, 1878.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: Rates of fare SECTION 1. No street railroad in any city or town of railroads.
this State, with more than one hundred thousand inhabitants, shall be allowed to charge or collect a higher rate of fare than five cents for each passenger per trip of any distance in one direction, either going or coming, along any part of the whole length of the road or its connections.
SEC. 2. Every violation of the provisions of section one and forest of this Act shall subject the owner or owners of the street
railroad violating the same to a forfeiture to the person so maintained,
unlawfully charged, or paying more than is therein allowed to be charged, the sum of two hundred and fifty dollars for each and every instance when such unlawful charge is made or collected, to be recovered by suit in any Court of competent jurisdiction ; such causes of action shall be assignable, and the action may be maintained by the assignee in his own name, and several causes of action arising out of unlawful charges or collections from different persons may be vested in the assignee and united in the same action.
Sec. 3. This Act shall be in force from its passage.
; causes of action
CHAP. XII.-An Act to amend an Act entitled "An Act in rela
tion to roads and highways in the County of Butte," approved April third, eighteen hundred and seventy-six.
[Approved January 7, 1878.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. Section two of said Act is hereby amended so as to read as follows: Section 2. The Road Overseers in the County of Butte shall be elected by the qualified electors of their respective road districts in said county, at the general election to be held in September, one thousand eight hundred and seventy-nine, and at each general election held every two years thereafter. The term of office of said Road Overseers shall be two years from the first Monday of January next ensuing the election. The said Board of Supervisors shall have power to fill all vacancies occurring in the office of District Road Overseer by resignation, death, or otherwise; said appointees to hold office until their successors are elected and qualified; provided, the Road Overseers elected at the last general State election shall continue in
Section 3 repealed.
office until the first Monday of January, one thousand eight
SEC. 2. Section three of said Act is hereby repealed.
. to read as follows: Section 4. Every male inhabitant of a road district over twenty-one and under fifty years of age must pay, annually, to the Road Overseer, the sum of two dollars, and the same shall be collectable at any time after the first day of January of each year; provided, that if the same be not paid before the first Monday of July of each year, then it shall be three dollars. SEC. 4. Section five of said Act is hereby amended to read Highways
. as follows: Section 5. All highways must be at least fifty feet wide, except those now existing of a different width.
Sec. 5. The incorporated Town of Chico is hereby ex- Town of empted from the provisions of section three of this Act.
Sec. 6. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.
Sec. 7. This Act shall take effect and be in force on and after the first day of January, eighteen hundred and seventyeight.
CHAP. XIII.—[See volume of Amendments to the Codes.]
CHAP. XIV.-An Act to provide for the construction of the
[Approved January 12, 1878.]
Assembly, do enact as follows: SECTION 1. The Board of Supervisors of the County of Bonds to be Ventura are hereby authorized to issue the bonds of said issued with county, in such sum as may be required, for the construction of a wagon road, hereinafter mentioned, not exceeding eight thousand dollars, payable on the first day of January, A. D. one thousand eight hundred and eighty-eight, with interest thereon at the rate of ten per cent. per annum, payable annually on the first day of January; both principal and interest payable in United States gold coin only. Bonds shall be issued in denominations of five hundred dollars each, numbered respectively, and shall be signed by the Chairman of the Board of Supervisors, and countersigned by the Auditor of said county; interest coupons shall be attached, signed in like manner.
SEC. 2. The bonds and coupons shall be paid at the office what man. of the County Treasurer, and when any coupons are paid nad lours, they shall be canceled by the Treasurer and filed with the are paid.
When in number of coupons.
may transfer surplus.
Tax to pay
the interest of said bonds.
Auditor. Both Treasurer and Auditor shall keep an accu
rate account of the coupons so paid and redeemed. The date and SEC. 3. Said coupons shall bear the date of their issuance,
and be numbered in the order in which they are to be paid ; the first coupons shall be for interest from their date up to
the first day of January next succeeding. Supervisors SEC. 4. For the purpose of paying the interest on said special tax bonds, the Board of Supervisors of said county shall, at the
time of levying county taxes for each year, levy a special tax on all property in said county sufficient to pay the interest for one year on all bonds issued. The special tax thus levied shall be assessed and collected as other State and county taxes are assessed and collected, and shall be set apart as a special fund, to be known as the Road Bond Interest Fund, and out of said fund the coupons on said bonds shall be paid
as they fall due. Supervisors SEC. 5. If the amount realized from said special fund
exceeds the amount required to pay the interest due in any one year for which it has been collected, the Board of Supervisors may transfer such surplus to the County General Fund.
Sec. 6. It shall be the duty of the Board of Supervisors, Assessor, and Collector of said county, in the year one thousand eight hundred and eighty-eight, to respectively levy, assess, and collect, in the manner herein provided for the collection of funds to pay the interest on said bonds, the sum of eight thousand dollars for the payment of the principal of the said bonds.
SEC. 7. The Board of Supervisors of said county are, whenever it shall become necessary in order to carry out the provisions of this Act, authorized and required to sell any or all of said bonds, after having published a notice for thirty days in one of the newspapers published in said county, and one published in the City of San Francisco, inviting for sealed proposals, directed to the Chairman of
the Board of Supervisors, for the purchase of the same. Considera- Upon a day to be named in said notice, the Board shall meet
to consider said proposals, and they shall deliver said bonds, with coupons attached, to the person or persons bidding the highest therefor in United States gold coin; provided, that said Board of Supervisors shall have power to reject any and all bids.
SEC. 8. All funds derived from the sale of said bonds shall be set apart as a special fund, and to be known as the Casitas Pass Road Fund, and be by the Board of Supervisors
appropriated, applied, and used in constructing said road, as Application follows: Eight thousand dollars of said fund, provided that of suid fund, amount is required, shall be expended in constructing and
building a road over and through the Casitas Pass, in said county, commencing at a rock mound in center of Rincon
Creek, on the line between the Counties of Santa Barbara Description. and Ventura ; a large willow tree, eighteen inches in
diameter, bears north sixty-one degrees east and distant sixty-three links, and running thence, variation thirteen degrees forty-five minutes east, the courses and distances as
Name of fund.