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Board of Supervisors.

bridges therein, to discontinue, abandon, lay out, open, repair, or improve the same, as in this Act hereinafter provided. Roads laid out and recorded as highways by order Highways of the Board of Supervisors are highways. Whenever any corporation owning a toll-bridge, or a turnpike, plank, or common wagon road is dissolved, or has expired by limitations or non-user, the bridge or road becomes a highway.

SEC. 2. Roads laid out as provided in the preceding section shall not be vacated or cease to be highways until so ordered by the Board of Supervisors.

Sec. 3. The Clerk of the Board of Supervisors must keep Duty of a book in which he must record, separately, all proceedings Clerk. of the Board relative to each road district, including orders laying out, altering, and opening roads, and in a separate book a description of each road district, its Overseers, its roads, highways, contracts, and all other matters pertaining thereto.

SEC. 4. By taking or accepting land for a highway the public acquire only the right of way and the incidents necessary to enjoy and maintain it, subject to the regulations in this Act and the Civil Code provided.

SEC. 5. The Board of Supervisors must, by proper ordi- Duties of nance :

First–Divide the county into a suitable and convenient number of road districts, and appoint therefor annually, or whenever vacancies occur, Overseers, upon a petition of a majority of property taxpayers of the road district, with power to remove for cause.

Second-Cause to be surveyed, viewed, laid out, recorded, opened, and worked such highways as are necessary for public convenience, as in this chapter provided.

Third-Abolish or abandon such as are unnecessary.

Fourth-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 Seven, Part Three, of the Code of Civil Procedure, and to pay therefor from the Road Fund.

Fifth-Let out by contract to the lowest responsible bidder the making or 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 and fifty dollars.

Sixth-Order and direct Overseers specially in regard to work to be done on particular roads in their districts.

Seventh-Cause to be erected and maintained on such highways as they may designate such mile-stones or posts, and guide-posts, as in their judgment the public wants require.

Eighth-Furnish to each Road Overseer a copy of this chapter.

SEC. 6. The road districts must be carefully and dis- Rond distinctly defined and described and designated by the munici-tricts to be pal towns, or townships, or precinct lines. Until such divi- defined. sion is made, the road districts must continue as they are at

Board of

may alter road districts.

Clerk to

seers of


Duties of Road Overseers.

present defined. Road districts may be altered, changed, created, or modified by the Board of Supervisors as occasion

requires; provided, however, that the pueblo limits of San Supervisors Diego City, as defined upon the official map thereof, shall

constitute a road district, under the control of the Board of Trustees of said city, who shall have full power to provide by ordinance for the collection of the road poll tax within said limits, in the same manner as the road poll tax is collected in the other road districts of the county. The funds so collected shall be used in the laying out, improvement, and maintenance of the roads within the said pueblo limits, and for no other purpose whatever.

Sec. 7. Overseers of road districts must be notified of pertinya their appointment by the Clerk of the Board of Supervisors, pointment and within ten days thereafter must give the official bond Must give required by the Board of Supervisors, in the order of their

appointment, and take the usual oath of office; the notice and certificate that the bond has been filed, and the oath of office taken and indorsed thereon, or a certified copy thereof, constitutes a commission and authorizes the persons named in and holding the same to discharge the duties of Overseers until superseded.

SEC. 8. Road Overseers, under the direction and supervision and pursuant to order of the Board of Supervisors appointing them, must

First-Take charge of the public highways within their respective districts.

Second-Keep them clear from obstructions, and in good repair.

Third-Cause banks to be graded, bridges and causeways to be made where necessary, keep the same in good repair, and renew them when destroyed.

FourthGive two days' notice to the inhabitants of his road district liable to do work on roads when, where, with what implements, and under whose direction, to work, and superintend the same.

FifthCollect from each inhabitant notified to work and who fails to work, or prefers to pay it, the commutation fee.

Sixth-Make semi-annual reports of all labor performed in his district, and how all road poll tax and commutation moneys were expended, to the Board of Supervisors, under oath.

Seventh-Receive and present petitions for new roads, and recommend or disapprove the same.

EighthCollect all road poll taxes in the mode prescribed for the collection of other poll taxes, and faithfully account for and pay over the same.

Ninth-Pay over to his successor or into the county treasury all road money in his hands unexpended.

Tenth-Receive for his services, from money coming into tion of same. his hands belonging to his road district, the sum of three

dollars for each day's services performed by him, not to exceed three hundred dollars per annum, to be audited and ordered paid by the Board of Supervisors.

SEC. 9. Every male inhabitant of a road district, over





of list.

twenty-one and under fifty years of age, must perform two Road poll days' labor annually, to be known as the road poll tax, upon the roads and highways of the district, under the demand and direction of the Road Overseer thereof, or pay such Overseer a commutation fee of three dollars.

Sec. 10. Each Road Overseer must, within twenty days Duty of after being notified of his appointment and qualification, Reen. Overdeliver to the Clerk of the Board of Supervisors a list of the inhabitants of his district liable for the road poll tax therein. This list must be laid before the Board of Supervisors at their first meeting held thereafter.

SEC. 11. The Board of Supervisors must provide proper Poll tax blank road poll tax receipts, to be signed by the Clerk of the receipts. Board, and must deliver to each Road Overseer a number equal to the number of inhabitants of their respective districts liable for road poll tax, take receipts therefor, and charge the Road Overseer receiving the same therewith; but credit must be given to each Road Overseer for all unsold blank road poll tax receipts returned to the Clerk of the Board of Supervisors.

SEC. 12. Road Overseers must make out lists of the Application inhabitants of the road districts liable for road poll tax, and of labor and require of each the performance of the labor or the payment tion money. of the commutation, and apply such labor and commutation money in the opening, maintenance, and repair of the highways and bridges in their respective road districts.

SEC. 13. The Road Overseers must, from time to time, Correction add to the lists the names of persons liable for road pollo taxes who were omitted, or who have become inhabitants of his district since the original list was made, and enforce the road poll tax, or collect the commutation fee therefor, and apply the same as hereinbefore provided.

SEC. 14. Every Overseer must make to the Board of Duty of Supervisors, on the first Monday of July and January of Overseer. each year, a written account, under oath, containing:

First-The names of all persons assessed to work in his district.

SecondThe names of all who actually have worked, and the number of days worked by each.

Third-The names of all who have commuted, and the amount received from them.

Fourth-The names of all delinquents, and the amount collected from them.

FifthA 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.

Sixth-The number of road poll tax receipts sold and those returned unsold.

Seventh-An accurate account of every day he himself was employed, and the nature and the items of the service rendered.

SEC. 15. Road Overseers must accompany their reports Unexpendwith all unexpended moneys remaining in their hands at ed moneys. the date of their report.

SEC. 16. A failure to make report as required, or to pay

failure to report.

time to work.

New road,

Penalty for over, on the order 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 District Attorney, under order of the Board of Supervisors.

SEC. 17. Road Overseers must not require an individual

to work out of the district in which he resides. Liability of SEC. 18. Corporations, or other employers of residents in employers.

any highway district, are responsible for the road poll tax assessed against their employés, and a 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. Length of SEC. 19. Each person appearing must actually work eight

hours each day, to be credited to him by the Overseer. For every hour unnecessarily lost or idled away he must be

charged two hours, to be worked out on some other day, Substituto. under notice from the Overseer. Any person may work by

an able-bodied substitute.

SEC. 20. Every person receiving due notice who does not appear and work, or commute, is delinquent.

SEC. 21. The Overseer's acceptance for an excuse for a neglect in no case exempts the person excused from performing or commuting for the whole number of days for which he was assessed.

SEC. 22. Any ten inhabitants of a road district, taxable petition for. therein for road purposes, may petition, in writing, the

Board of Supervisors to alter or discontinue any road, or to lay out a new road therein.

SEC. 23. 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.

SEC. 24 The petitioners must accompany the petition petitioners, with a good and sufficient bond, to be approved 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 not opened.

SEC. 25. Upon filing such petition and bond, the 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. Qualifica

SEC. 26. The Road Viewers must be disinterested citizens of the county, but not petitioners; they must be sworn to discharge their duties faithfully, must view and lay out the

Contents of petition.

Bond of


tion and duties of Viewers.


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 damages 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.

SEC. 27. When the view and survey of the proposed Duties of alteration or new road is completed, the Viewers must report to the Board of Supervisors:

First-The course, termini, length, and cost of construction of the proposed road.

Second-The estimate of damages to the owner of any land over which it is proposed to run the road.

ThirdThe names of land owners who consent or give the right of way, and their written consent thereto.

FourthThe names of land owners who do not consent, and the amount of damages claimed by each.

Fifth-Such other facts bearing upon the subject of importance to be known by the Board of Supervisors.

SEC. 28. No report of Viewers must, by the Board of Supervisors, be approved, which, without the consent of the owner and occupant, would have the effect to open a road

First-Through an orchard of four years' growth.
Second-Through a garden or yard four years cultivated.

Third–Through buildings, or fixtures, or erections, for the purpose of residence, trade, or manufacture.

Fourth-Through inclosures, necessary for the use enjoyment of the buildings, fixtures, or erections; or

Fifth-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 ten residents of the road district, who are owners of real estate therein, that the opening of such road through such premises is a necessity, a great public benefit, or a great convenience to a moiety of the inhabitants of the district.

SEC. 29. The Viewers must be paid three dollars each Per diem of per day for their services, out of the Road Fund of the viewers. county, 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.

Sec. 30. The Board of Supervisors, on the coming in of supervisors the report, must fix a day for hearing the same; must notify Shea and the owners of land not consenting to give the right of way declaro of the hearing, by having written notice served on them damages, 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;

to evi


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