Claims to be barred. Administer oaths. Compensa tion. $3 per day. Advantages. Petitions. sons, tax-payers of the County, and disinterested in the proposed road, who shall, on a day to be named by the Board, go upon the ground, and personally examine the line of the proposed road, and hear any witnesses that may be offered, regarding the value of the land through which the road will pass, and the damages that will be sustained by any party, or parties, in consequence of laying out the same; and shall, within a reasonable time, report to the Board, in writing, the amount of damage that will be sustained from any party, or parties, seyerally, which report shall be in writing, and signed by at least two of the said Commissioners, and the damage so allowed shall be ordered paid by the Board of Supervisors, and shall be final in the premises. SEC. 10. In case any person, or persons, claiming damages, in consequence of the laying out of any highway through his, her, or their lands, shall fail to present such claim to the Board of Supervisors, within thirty days after the time appointed for the meeting of the Viewers, they shall be forever barred from collecting such claim for damages, unless damages were reported by the Viewers in favor of such person, or persons, or their predecessors in interest, or unless it shall appear that such person, or persons, failed to receive notice of the action of the Board of Supervisors in the premises, or were under some legal disability to present such claim for damages; and no claim for damages shall be allowed, in any case, unless presented within six months from the time of the meeting of the Viewers. In case any proposed road shall pass through any improved, occupied, or cultivated land, and the party, or parties, owning the same shall fail to present a claim for damages, or to give the right of way, through such land, to the County, the Board shall not declare such road a public highway until the expiration of the thirty days aforesaid. SEC. 11. Viewers of Highways, and Commissioners, appointed by the Board of Supervisors, for determining damages, shall have power to administer oaths to witnesses that may come before them, in their capacity of Viewers and Commissioners. SEC. 12. In case the Commissioners shall report in favor of a greater amount of damages than was allowed by the Viewers, the expenses of the Commissioners, not exceeding three dollars per day, each, shall be paid out of the County treasury, but in all other cases they shall be paid by the party claiming damages. SEC. 13. Viewers shall be paid out of the County treasury, not exceeding three dollars per day, each, for each day's service actually rendered. SEC. 14. In assessing damages, Viewers and Commissioners shall always take into consideration the advantage the proposed road will be to the party, or parties, claiming damages. SEC. 15. The petition for the discontinuance of a public or private road, and the proceedings under it, shall be the same as in cases of the laying out of a new road up to the finding of the report of the Viewers, which shall be in favor, or against, the discontinuance of such road. In case the report be against the discontinuance of such road, the Board of Supervisors shall refuse to discontinue the same, but if the report be in favor of discontinuing the road, the Su pervisors may, in their discretion, by an order, to be filed with the County Clerk, discontinue such road. SEC. 16. All public highways hereafter laid out, shall be of Width. the width of eighty feet. general SEC. 17. All duties enjoined upon the Board of Supervisors Special or by this Act may be performed, either at general or special meetings of the Board. meetings. SEC. 18. Private roads may be laid out in the same manner Private roads as public roads, except the expenses of laying out the same, and the damages to be paid in consequence thereof, if any, shall be borne, and paid by the parties petitioning for the same. The width of private roads shall not exceed forty feet; all private roads shall be opened and kept in repair by the parties for whose benefit the same were laid out, and said parties shall cause good and substantial gates to be erected, and kept in repair, across said road where it shall pass through any fence that may surround the inclosure, through which such road may pass. SEC. 19. The County Clerk of each County shall notify all Notify persons who have been appointed Road Overseers, within ten days after such appointment has been made, informing them of such appointment, and describing the boundaries of their dis tricts. Overseers. SEC. 20. The Road Overseers shall cause all the public high- Repairs. ways, within their respective districts, to be kept clear from obstructions, and in good repair, causing banks to be graded, bridges and causeways to be made where the same may be necessary, to keep the same in good repair, and to renew them when destroyed. SEC. 21. The Road Overseers shall have power to make use May use of any gravel or dirt for improving the roads, which may be ab- earth. solutely necessary, from any adjacent unimproved lands; and if damages be claimed, they may be ascertained and awarded in the same manner as is provided in this Act for ascertaining and awarding damages in laying out of new roads. of SEC. 22. The Boards of Supervisors shall have power to levy Road tax $4. an annual road-tax on all able-bodied men, between the twenty-one and fifty years, not to exceed four dollars to each ages man; Provided, that any person liable to pay the road-tax, as specified in this section, may, at his option, pay the same in labor on the road, under the direction of the Overseer, at the rate of two dollars a day; And provided, further, that the provisions of this section shall not apply to any incorporated City; And provided, further, that in the County of Siskiyou; the Board of Supervisors may require the tax, in this section, to be paid exclusively in money. SEC. 23. The tax levied under section twenty-second of this Collection. Act, shall be collected by the Overseers in their respective districts; Provided, that the Board of Supervisors shall, in all cases, require a bond of such Overseers, to secure the payment of such moneys as he may receive, under the provisions of this Act, and for the faithful discharge of his official duties. SEC. 24. Any person refusing or neglecting to pay the road- In case of tax, required by this Act, to the Overseer, within three days refusal. after the said tax shall have been demanded in writing of him, Contracts. Blank receipts. Compensat'n Neglect of duty. Penalty. by such Overseer, shall be considered a delinquent, and the Overseer shall proceed to levy and sell, at public auction, to the highest bidder, after giving public notice, as required by law on sales under execution, the property of such delinquents [for] roadtax, and costs of making such sale, which shall be the same as are allowed Sheriffs for selling under execution; and any overplus arising from such sale shall be paid to such delinquent. SEC. 25. Whenever any contract for the improvement of roads is to be made, advertisement thereof shall be given by the Overseer of the district in which such improvement is to be made, by posting written notices in two of the most public places of his district, and by advertisement in some newspaper of the County, ten days prior to the letting of such contract, and all contracts shall be awarded to the lowest responsible bidder, subject to the approval of the Board of Supervisors; Provided, that the Overseers shall have power to make contracts for the improvement of roads, which shall not exceed the sum of fifty dollars, at their option, such contracts to be approved by the Board of Supervi sors. SEC. 26. The Board of Supervisors shall cause blank road-tax receipts to be issued, numbered and signed, by their Clerk, for the use of the several Overseers, for which the Overseers shall account, as for so much money received; each Road Overseer shall report to the Board of Supervisors, quarterly, the number of road-tax receipts sold, the amount of money paid out by him, for what, and to whom paid, the number of days he has been in actual service, and any other information which the Board of Supervisors may require; and said Overseers shall make affidavit, before some officer legally qualified to administer oaths, that such report is correct and true. The Board of Supervisors may order any moneys collected by the Road Overseers to be paid into the County treasury; such moneys shall be kept in separate Road Funds, for the benefit of the particular Township wherein such moneys were collected. SEC. 27. The Overseers shall each receive, for their services, while in actual employment, such compensation as shall be allowed by the Board of Supervisors, not to exceed four dollars per day; Provided, that the Board of Supervisors may limit the time to be occupied by each Overseer, in the performance of the duties of his office, in his district. SEC. 28. If any Overseer shall sell any road-tax receipt without being signed, dated, and filled up with ink, or which shall not have been issued by order of the Board of Supervisors, or shall neglect or refuse to perform any of the duties imposed on Overseers by law, or shall neglect or refuse to pay over to the County Treasurer any moneys received by him as Overseer, which he was not authorized by the Board of Supervisors to expend in his district, shall, in addition to his liability therefor on his official bond, be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the County-jail not exceeding six months, or by both such fine and imprisonment. SEC. 29. If any person shall obstruct any public road by felling 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, or shall willfully destroy or injure any bridge or causeway, or 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 highway, or damage any public highway, by digging in it, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than fifty dollars, and not exceeding five hundred dollars, in the discretion of the Magistrate. SEC. 30. All fines collected under the provisions of this Act ines." shall be paid into the County treasury, for the use of the road district in which the same were collected. SEC. 31. The Board of Supervisors shall have power to levy Property-tax a property-tax for road purposes, which shall not exceed five cents on each one hundred dollars, to be levied and collected at the same time, and in the same manner, as other property-taxes are collected; Provided, that all moneys collected under the provisions of this section shall be paid into the County treasury, and be kept in separate funds for the sole use of the particular townships wherein the moneys are collected; And provided, furt ther, that money may be appropriated from said funds for the benefit of the roads of the proper Township, in the discretion of the Board of Supervisors. SEC. 32. This Act shall be in force on, and after, the first Mon- Take effect. day in August, A. D. one thousand eight hundred and fifty-nine, in the County of Tuolumne; in the Counties of San Joaquin, Plumas, and Siskiyou, immediately. clause. SEC. 33. All Acts, and parts of Acts, in conflict with this Act, Repealing are hereby repealed, so far as the same relates to the Counties of Tuolumne, San Joaquin, Plumas, and Siskiyou. CHAP. CCCXXIX.-An Act to appropriate Money to pay Joseph Nougues. [Approved April 19, 1859.] ,,』; At a dode.! The People of the State of California, represented in Senate and SECTION 1. The sum of five thousand three hundred and $5,388 42. eighty-eight dollars and forty-two cents, is hereby appropriated, out of the General Fund of the treasury, not otherwise appropriated, to pay Joseph Nougues, for work done on the Capitol contract, and material furnished for same. satisfaction. SEC. 2. The amount hereby appropriated, shall be in full sat- In full isfaction of the amount audited and allowed, by an Act entitled an Act to audit and allow the claim of Joseph Nougues, which became a law by operation of the Constitution, April eleventh eighteen hundred and fifty-nine. Notice that application certain lands CHAP. CCCXXX.-An Act to condemn and appropriate to the use of the State of California, the Interest of certain parties in and to the State-prison Grounds, Buildings, etc., situate on Point San Quentin, in the County of Marin, and to appropriate Money for the payment of such Interest. [Approved April 19, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Attorney-General of the State of California is will be made hereby required to give notice of not less than five days, of his to condemn intention to apply to the District Judge of the Seventh Judicial District, State aforesaid, or to such Judge as the Judge of said District may request to act in his stead, for an order, condemning the interest which James M. Estill, and his assigns have, or claim, in and to that certain tract, or parcel of land, situate on Point San Quentin, in the County of Marin, and State aforesaid, and known as the State-prison property, consisting of thirty-six acres of land, more or less, together with all, and singular, the Prison, and houses, and all improvements, and houses thereon situate, and all houses, and improvements adjoining thereto, which have been used for the purpose of said Prison, or constructed with the aid of convict-labor, by virtue of an instrument executed by R. M. Anderson, G. W. Whitman, Henry Bates, Board of Stateprison Commissioners, and the said James M. Estill, on the twenty-sixth day of March, A. D. one thousand eight hundred and fifty-six, which instrument proposes to lease to the said Estill the lands and premises before described, for the period of five years from the date of the same. Assessed by a jury. Said notice shall be served personally, or by inserting the same for a period of not less than five days, in two newspapers, published in the City of San Francisco, and it shall specify the time and place at which the application aforesaid will be made. SEC. 2. The District Judge, of the district aforesaid, upon receiving notice from the Attorney-General of his intention to make the application specified in section one, shall issue an order to the Sheriff of the County of Marin, requiring him to summon a sufficient number of the qualified electors of this State, out of which to select a jury to appear at the premises, in this Act described, at a time specified, to assess the value of the interest of said Estill, and his assigns, in the said premises. And upon receiving said order, said Sheriff shall proceed to execute the same, by summoning a competent number of qualified voters of this State, in the manner of summoning jurors for the District Court, to appear at the time and place specified in said order. SEC. 3. At the time, and place, specified in the order aforo |