$2 per day. Report. Compensatin Roadviewers. Inspection. bridges in his district, to give, in writing, three days' notice to each one of any number of persons under his jurisdiction, living most convenient to the work to be performed, of the time and place to meet, and if, after such notice, any one shall fail to pay the amount of his tax in money, or to perform the labor required, such failure shall operate as a judgment against the delinquent for the amount of his tax, and the necessary costs of enforcing the judgment; and the Road Commissioner shall be authorized, at any time during the ensuing twelve months, to levy upon and sell any personal property of such delinquent by giving one hour's notice, by proclamation, of the time and place of such sale; and the Commissioner shall be authorized to charge the same fees for his services in enforcing such judgments as the Sheriff of the County is authorized by law to charge for like services; and the surplus, if any, after deducting the amount of the assessment and costs of sale, shall be returned to such delinquent. SEC. 11. The Road Commissioners shall be authorized to hire labor upon the roads, whenever they may deem it necessary, and pay for the same out of the Road Fund, collected by them, at a rate not to exceed the sum of two dollars per day for such labor. SEC. 12. The Road Commissioners shall, on the first Monday of March, in each and every year, pay over to the County Treasurer, to the credit of the Road Fund, the balance of the money collected by them, then on hand, and report, in writing, to the Board of Supervisors, at their next meeting, setting forth the amount of the road-tax collected, the amount paid out for labor, and the amount paid over to the County Treasurer, which report shall be under oath. SEC. 13. The Road Commissioners shall receive, for their services, a sum not to exceed one hundred dollars each, in any one year, payable from the County Treasury, under an order from the Board of Supervisors, in addition to their salaries as members of the Board of Supervisors; and each Commissioner may, if he shall desire to do so, appoint one or more Deputies, who shall be responsible to the Commissioner appointing them, for the faithful performance of their duties, and shall be removable at his pleasure, and who shall be invested with the same powers and duties as are given to the Commissioner himself, under this Act; and it shall be the duty of the Commissioner to see that his Deputies perform their duties faithfully, and to pay them, for their services, such amount as may have been agreed upon between . them, out of the salary allowed him by this Act. SEC. 14. The Board of Supervisors, on being petitioned to grant a view for a road within the County, shall have power, and are hereby required, in open session, to appoint, as often as may be needful, three persons, qualified as hereinafter is provided, to view the ground proposed for such road, and make report of their proceedings to the Board at their next meeting. SEC. 15. The persons appointed, as aforesaid, shall view such ground, and if they shall agree that there is occasion for a road, they shall proceed to lay out the same, having respect to the shortest distance and the best ground for a road, and in such manner as shall do the least injury to private property, and also be, as far as practicable, agreeable to the desire of the petition ers. SEC. 16. The Viewers, as aforesaid, shall make report at the Make report. next meeting of the Board, and in such report shall state who of them were present at the view; whether they were severally sworn or affirmed, and whether the road desired be necessary for a public or private road; they shall also annex and return to the Board a rough sketch or draught thereof, stating, as nearly as practicable, the courses and distances, and noting briefly the improvements through which it may pass. When absolutely neces sary, the County Surveyor may be called in by the Supervisors to assist in said location. SEC. 17. If the Board of Supervisors shall approve of the re- Notice. port of the Viewers, allowing a road, they shall direct the Clerk of the Board to give personal notice to the owners or occupants of the land through which the road is proposed to be made, if living within the County, and if not living within the County, by posting a notice at the door of the Court-house of the County, and also at some public place near where it is proposed to open the road, at least ten days before any further action shall be had upon the question; and at the next meeting of the Board, if no objection shall have been filed against the said proposed road, the whole proceedings shall be entered upon the records, and thenceforth such road shall be taken, deemed, and allowed, to be a lawful public road, or private road, as the case may be. SEC. 18. The breadth of a public road, laid out as aforesaid, width. shall not exceed sixty-six feet, and the breadth of a private road shall not, in any case, exceed twenty-five feet; Provided, that nothing in this Act shall be construed so as to diminish the width of the public roads already established. SEC. 19. Public roads laid out, approved, and entered on rec- Declared ord, as aforesaid, shall, as soon as may be practicable, be effectu- open. ally opened. SEC. 20. If, however, objections shall have been made in writ- In case of ing within ten days after notice has been given, as directed in objection. section seventeenth, setting forth the injury which he or she will sustain by opening such road, the Board of Supervisors, at their next meeting thereafter, shall appoint five disinterested citizens -tax-payers of the County-to view the premises, and assess the damages, if any, which such petitioner may sustain thereby, and in assessing the damages the Viewers shall take into consideration the advantages to be derived from such road passing through the land of the complainant. SEC. 21. The Viewers, so appointed, shall make a report in Damages. writing, to the Board appointing them, at their next session, and if their report be approved by the Board, the amount of damages awarded shall be paid by the County Treasurer to the party entitled thereto, upon an order of the Board of Supervisors to that effect. SEC. 22. No view which may be had for the purpose of as- Validity. sessing damages, provided for in this Act, shall be valid unless four of the persons appointed for the purpose, shall view the place in question, nor unless three of them concur in the report; Provided, that should the Viewers first appointed fail to agree private road. upon a report, the Board may appoint, from time to time, other Viewers, until an agreement upon a report shall be had. Petition for SEC. 23. The Board of Supervisors shall, in open session, as aforesaid, upon the petition of one or more persons for a road from their respective dwellings, or plantations, to a public road, or to any private road leading to a public road, direct a view to be had of the place where such road is requested, and a report thereof to be made in the same manner as is before directed in this Act. If necessary. At expense of petitioners Damages. To change or vacate. Application SEC. 24. If it shall appear, by the report of the Viewers to the Board directing the view, that such road is necessary, the Board shall direct what breadth the road so reported shall be opened; and the proceedings in such cases shall be entered on record, as before directed, and thenceforth such road shall be deemed and taken to be a legal private road. SEC. 25. All private roads shall be opened, fenced, and kept in repair by, and at the expense of, the person or persons at whose request the road was granted or laid out, and by their heirs and assigns. SEC. 26. The damages sustained by the owners through which any private road may pass, shall be estimated in the manner provided in the case of a public road, and shall be paid by the persons at whose request the road was granted, or laid out; Provided, that no such road shall be opened before the damages shall be fully paid. SEC. 27. The Board of Supervisors shall have authority, upon application to them by petition, to inquire of and change or vacate the whole or any part of any private or public road which may have been laid out by authority of law, whenever the same shall become useless, inconvenient, or burdensome, and the said. Board shall proceed therein by views, in the manner provided for the laying out of public roads. SEC. 28. Every application to vacate any road, as aforesaid, in writing. shall be in writing and signed by the applicants; it shall set forth in a clear and distinct manner the situation and other circumstances of such road or of the part thereof which the applicants may desire to have vacated as aforesaid. Not to obstruct. Oath of ers. SEC. 29. Whenever the whole or any part of a road shall be changed or supplied, the same shall not be shut up or stopped until the road laid out to supply the place thereof shall be actually opened and made. SEC. 30. All Viewers, for any purpose mentioned in this Act, Commission shall, before they proceed to the duties of their appointment, respectively make oath or affirmation to perform the same impartially and according to the best of their judgment, which oath or affirmation may be administered to them by any magistrate of the County, or any one of their number. Compensat'n Expense. SEC. 31. All Viewers, authorized by this Act, shall receive for their services, two dollars per day, each, for each day necessarily employed in that service, on producing a certificate from the Clerk of the Board of Supervisors of the County, that such service has been performed. SEC. 32. The expense of a view to locate, and to assess the damages sustained by the owner of land taken, as aforesaid, for a public road, shall be paid by the County, and the expense of such a view, in the case of a private road, shall be paid by the person, or persons, at whose instance the same was allowed. SEC. 33. If any person shall obstruct any public road, by fell- Penalty. ing any tree across the same, or by placing any other obstruction therein, or damming, digging, or deepening, a creek or river, or its banks, so as to destroy a ford, or crossing, he shall be liable to prosecution before any Justice of the Peace, by any Road Commissioner, or Deputy Commissioner of the County, on behalf of the County, and, on conviction thereof, shall be fined in a sum not exceeding fifty dollars, and shall forfeit five dollars for every day he shall suffer said obstruction to remain, after he shall have been ordered to remove the same by the Commissioner, or Deputy Commissioner. SEC. 34. If any person shall willfully destroy, or injure, any bridge, or causeway, remove, or cause to be removed, any of the plank or timber therefrom, or cut down, or injure any tree planted, or growing as a shade-tree, in any public road, or damage any highway by digging in it, he shall be liable to be prosecuted before any Justice of the Peace, as is provided in section thirty-three of this Act, and on conviction thereof, shall be fined in a sum not to exceed one hundred dollars. SEC. 35. All fines collected under the provisions of this Act Fines. shall be paid into the County Treasury to the credit of the Road Fund. SEC. 36. The provisions of this Act shall apply to, and be in San Mateo. force, in the County of San Mateo County only. clause. SEC. 37. All laws not consistent with the provisions of this Repealing Act are hereby repealed, so far as they relate to San Mateo County. CHAP. CCXXVI.-An Act to authorize the Board of Supervisors of the County of Mendocino to levy an additional Tax for County Purposes. [Approved April 13, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Men- Special tax. docino are hereby authorized and empowered annually to levy and collect an ad valorem tax of thirty-five cents upon each one hundred dollars value of taxable property in said County, in addition to the tax already authorized to be levied and collected; Provided, that such additional tax shall be levied and collected at the same time and in the same manner as other taxes for County purposes. Admitted to practice. CHAP. CCXXVII.-An Act to authorize the Courts of Record of this State to admit Adolphus Daniel Grimwood as an Attorney and Counselor-at-Law. [Became a Law by operation of the Constitution, April 13, 1859.] The People of the State of California, represented in Senate and SECTION 1. It is hereby made lawful for any or all the Courts of Record of this State to admit Adolphus Daniel Grimwood to practice as an attorney and counselor-at-law, in the same manner as though he were a citizen of the United States and of this State. [This bill having remained with the Governor ten days, (Sundays excepted,) and the Senate and Assembly being in session, it has become a law this thirteenth day of April, A. D. one thousand eight hundred and fifty-nine. FERRIS FORMAN, Secretary of State.] Fees. CHAP. CCXXVIII.—An Act to amend an Act entitled an Act amendatory of an Act entitled an Act concerning the office of Public Administrator, in the Counties of Nevada, Sacramento, Monterey and Amador, approved April fifth, eighteen hundred and fifty-sixapproved March ninth, eighteen hundred and fifty-nine. [Approved April 13, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section one-The Public Administrator of the Counties of Nevada, Sacramento, Monterey, Amador, Yolo, and Placer, shall hereafter be entitled to receive for his services the same fees as are allowed executors and administrators by an Act entitled an Act to regulate the settlement of the estates of deceased persons, passed May first, eighteen hundred and fifty one. |