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Bridges maintained.

Bridge tax.

Power of

BRIDGES-MAINTAINED BY WHOM.

SEC. 45. All public bridges not otherwise specially provided for are maintained by the road district in which they are situated, and the districts which they unite.

BRIDGES, COST OF HOW PAID.

SEC. 46. Whenever it appears to the Board of Supervisors that any road district is or would be unreasonably burdened by the expense of construction, 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 cause a special bridge tax to be levied therefor, not exceeding one-fourth or one per cent. on the taxable property of the county, annually, until the amount appropriated in aid is raised and paid.

BRIDGES BETWEEN CITIES AND TOWNS BY WHOM CON

STRUCTED.

SEC. 47. Bridges crossing the line between cities or towns Supervisors. and road districts must be constructed by the cities or towns and the Road Fund of the road districts into which said bridges reach, proportionately; provided, that the Board of Supervisors may order the whole expense paid for repairing or constructing said bridges out of the General Road Fund of the county.

Repaired by order of

Supervisors.

Pro rata compensation for repairs.

1

Petition

BRIDGES BUILT BY LOWEST BIDDER.

SEC. 48. No bridge, the cost, construction, or repairs of which will exceed the sum of three hundred dollars, shall be constructed or repaired except on the order of the Board of Supervisors, and when such construction or repairs is so ordered a contract therefor must be let out to the lowest responsible bidder, after such notice given as shall be prescribed by order of the Board of Supervisors.

BRIDGES OVERSEER TO REPAIR.

SEC. 49. 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 is 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.

BRIDGE-FREEHOLDERS MAY PETITION FOR.

SEC. 50. When a bridge, the cost of which will exceed Supervisors. three hundred dollars, is necessary, five or more freeholders

of the road districts interested therein may petition the Board of Supervisors for the erection of such needed bridge, and if the Board deem the same necessary, must, therefore, advertise such application, give the location and other facts, for two weeks in a newspaper printed in the county; if none, then by posters, one at the proposed location, one at the Court-house, and one at some other public place in the county, and notify the Overseer to attend at a certain time and place to hear the application.

BRIDGE-SUPERVISORS TO DETERMINE IF NECESSARY.

provide for

SEC. 51. On the day fixed to hear the application, proof of Board to the notice given being satisfactory, the Board must hear the rectan petition, examine witnesses, and determine whether or not a payment. bridge is necessary as petitioned for. If found to be so, the Board must determine the character of bridge to be constructed, prepare plans and specifications, invite bids, let the contract, and have the same erected, and provide the payment therefor, as herein provided.

BRIDGES OVERSEER TO GIVE ACCOUNT of.

bridges.

SEC. 52. Road Overseers must, in their official reports, Account of give a full account of all bridges of which they have, in whole or in part, the charge of and maintenance, those constructed or repaired, and the cost thereof, the amounts expended thereon, from what source derived, and the present and prospective condition thereof.

SUPERVISOR'S DISTRICT-WHAT RESPONSIBLE FOR.

SEC. 53. Each Supervisor District is responsible for pro- Supervisor viding, and keeping passable and in good condition and District repair, bridges on all public highways.

HIGHWAYS ENCROACHED UPON-DUTIES OF OVERSEERS.

responsible.

ments.

SEC. 54. If any highway, duly laid out or erected, is Removal of encroached upon by fences, buildings, or otherwise, the Road encroachOverseer of the district may, orally or in writing, require the encroachment to be removed from the highway.

NOTICE-HOW GIVEN.

SEC. 55. Notice must be given to the occupant or owner Notice of enof the land, or person causing or owning the encroachment, croachment. 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 encroachment, requiring him to remove the same within ten days.

Overseer

encroach

ment.

HIGHWAYS-PENALTY FOR ENCROACHING ON.

SEC. 56. If the encroachment is not removed, or its must remove removal diligently prosecuted, prior to the expiration of ten days 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 continues unremoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for vehicles, the Overseer must forthwith remove the same.

Overseer to commence action.

Overseer to

remove

HIGHWAY-OBSTRUCTION, HOW REMOVED FROM.

SEC. 57. If the encroachment is denied, and the owner, occupant, or person controlling the matter or thing charged with being an encroachment, refuse either to remove or permit the removal thereof, the Road Overseer must cominence, 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.

HIGHWAY-OVERSEER TO REMOVE OBSTRUCTION FROM.

SEC. 58. If the encroachment is not denied, but is not obstruction. 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.

Bridging ditches.

Repair damages.

HIGHWAY-DITCHES TO BE BRIDGED ACROSS.

SEC. 59. All persons excavating irrigating ditches across the public highways 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 persons, by an action at law, in his official name, before any Court of competent jurisdiction.

HIGHWAY-IRRIGATOR TO PAY DAMAGES CAUSED BY OVER-
FLOW ON.

SEC. 60. 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 damages occasioned by such overflow, and upon his neglect to do so forthwith 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.

HIGHWAY, NO GATES ALLOWED ACROSS-WHEN.

SEC. 61. No gates must be allowed on any public high- Gates not way duly laid out, except on highways running through allowed. lands 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.

HIGHWAY-GATE NOT TO BE LEFT OPEN ON.

SEC. 62. Any one who leaves open such gate, or willfully Forfeiture of or unnecessarily rides over such ground adjoining the road damages. on which such gate is erected, forfeits to the injured party treble damages.

HIGHWAY-PENALTY FOR OBSTRUCTION OF.

highways;

SEC. 63. Whoever obstructs or injures any highway, or Obstructing obstructs or diverts any water-course thereon, is liable to a ho penalty of five dollars for each day such obstruction or injury ished. remains, and must be punished as provided in section five hundred and eighty-three of the Penal Code.

HIGHWAY-PENALTY FOR REMOVING MILE-STONE FROM.

penalty.

SEC. 64. Whoever removes or injures any mile-boards, or Injury to mile-stones, or guide-posts, or any inscriptions on such, erected mile-boards; on any highway, is liable to a penalty of ten dollars for every such offense, and punishable as is provided in section five hundred and ninety of the Penal Code.

HIGHWAY-NOTICE OF OBSTRUCTION GIVEN TO OWNERS OF

LAND ON.

person

SEC. 65. Any person may notify the occupant or owner of Notice to land from which a tree or other obstruction has fallen upon obstructing. any highways 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.

HIGHWAY-PENALTY FOR FELLING TREES ACROSS.

penalty.

SEC. 66. Whoever cuts down a tree, so that it falls into Felling trees any highway, must forthwith remove the same, and is liable across roads; to a penalty of five dollars for every day the same remains in such highway.

BRIDGES OVERSEER MAY POST NOTICE OF FINE ON.

SEC. 67. Road Overseers may put upon bridges under Notice of their charge notice that it is five dollars fine for riding or fine.

Trees not to be cut down.

Penalties

driving 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.

HIGHWAY-PENALTY FOR CUTTING SHADE TREES ON.

Whoever digs up, cut down, or otherwise injures or destroys any shade or ornamental tree (unless the same may be deemed an obstruction by the Road Overseer, and removed under his direction), planted or standing in any highway, forfeits twenty-five dollars for each tree.

PENALTIES AND FORFEITURE-HOW RECOVERED.

SEC. 69. All penalties and forfeitures given in this Chapures to credit ter, and not otherwise provided for, must be sued for and

and forfeit

of road districts.

recovered by the Commissioner of Highways, or Road Overseers of the respective road districts, and, when so recovered, shall be placed in the county treasury to the credit of the several road districts.

SEC. 70. All Acts or parts of Acts in conflict with or contravening the provisions of this Act are hereby repealed. SEC. 71. This Act shall take effect from and after its passage.

CHAP. CCCCLXIV.-[See volume of Amendments to the Codes.]

CHAP. CCCCLXV.-[See volume of Amendments to the Codes.]

CHAP. CCCCLXVI.-[See volume of Amendments to the Codes.]

CHAP. CCCCLXVII.-[See volume of Amendments to the

Codes.]

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