CHAP. XXVII.—An Act changing the Time for Meeting of the Board of Supervisors in the County of Sierra. [Approved February 25, 1862.] The People of the State of California, represented in Senate and SECTION 1. The regular meetings of the Board of Supervisors, Time of in and for Sierra County, shall be held at the county seat of said meetings. county, on the third Mondays of May, August, November, and February, of each year, and shall continue, from time to time, until all the business before them is disposed of; and meetings. shall also be held by them to canvass the election returns in the said county, at such times as are or may be prescribed by the laws regulating elections. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. XXVIII.-An Act authorizing the Board of Supervisors of Sierra County to levy certain Taxes for County purposes, for the year eighteen hundred and sixty-two. [Approved February 25, 1862.] The People of the State of California, represented in Senate and be levied. SECTION 1. The Board of Supervisors of Sierra County are hereby authorized, if they deem the same expedient, at a special meeting of said Board, to be held on the first Monday of March, A. D. one thousand eight hundred and sixty-two, to levy taxes for Taxes may the year one thousand eight hundred and sixty-two, for county purposes, not to exceed the rates hereinafter mentioned, on each one hundred dollars of taxable property in said county, viz: a tax, not to exceed seventy-five cents, to be paid into the General Fund; twenty-five cents, to be paid into the Interest Fund; eighteen cents, to be paid into the Hospital Fund; ten cents, to be paid into the School Fund; twenty cents, to be paid into the Jail Fund; fifteen cents, to be paid into the Road Fund; and twenty-five cents, to be paid into the Contingent Fund; and said taxes, when levied by said Board, shall be collected at the same time and in the same manner as is now provided by law for the collection of State taxes in said county. SEC. 2. This Act shall take effect from and after its passage. Act made CHAP. XXIX.-An Act in relation to Public Roads in the County of El Dorado, and to the Road Fund of said county. [Approved February 27, 1862.] The People of the State of California, represented in Senate and SECTION 1. The provisions of an Act entitled an Act to proapplicable. vide for the establishment, maintenance and protection of Public and Private Roads, approved May sixteenth, eighteen hundred and sixty-one, are hereby made applicable to the County of El Dorado, except as in this Act otherwise provided. Election of seers. SEC. 2. At the general election of eighteen hundred and sixtyRoad Over three, and at the general election, every two years thereafter, there shall be elected, in each township in the County of El Dorado, a Road Overseer, who shall qualify, and enter upon the duties of his office, on the first Monday of the month subsequent to the general election. Bond. Vacancies. Duties of Treasurer. Overseers. SEC. 3. Before qualifying and entering upon the duties of his office, each Road Overseer shall give a bond in the sum of two thousand dollars, conditioned for the faithful performance of the duties of his office, with two or more sureties, who shall justify, which bond shall be approved by the County Judge, and be filed with the County Clerk. SEC. 4. Any vacancy in the office of Road Overseer shall be filled by the Supervisors of the county, by the appointment of a citizen of the township in which the vacancy has occurred. SEC. 5. The County Auditor shall cause to be printed, each year, as many road tax receipts as may be necessary for the use of the county; each receipt for the current year shall be for the sum of two dollars, and from and after the first day of October next, for the sum of two dollars and fifty cents, and shall be signed by the Auditor, and shall contain a blank for the signature of the Road Overseer, and also a blank for the name of the person to whom it may be sold. The receipts shall be numbered consecutively. The County Auditor shall open an account with each Road Overseer, charging him with such receipts as he shall receive, and crediting him with the money paid into the County Treasury, and with the blank receipts returned. SEC. 6. The County Treasurer shall keep a separate account of the Road Fund of each township, crediting the money received, and charging the warrants paid. SEC. 7. It shall be the duty of each Road Overseer, to procure from the Auditor as many road tax receipts as there are inhabitants in his township liable to pay road tax, and he shall visit all such persons during the months of October, November, December, January, February, and March, and collect from each of them the sum of two dollars for the current year, and from and after the first day of October next, the sum of two dollars and fifty cents; upon the payment of this sum, he shall give such person a road tax receipt, writing thereon, with ink, the date and name of the person paying, and signing thereto his name. If any person liable to pay a road tax shall fail or refuse to pay the same upon demand, the Road Overseer may enforce the collection thereof, in the same manner, in all respects, as is provided for the collection of poll taxes, by sections sixty-six and sixty-seven of an Act entitled an Act to provide Revenue for the Support of the Government of this State, approved May seventeenth, in the year eighteen hundred and sixty-one. SEC. 8. The Road Overseer shall pay to the County Treasurer Same. the total amount collected, on the first Monday in each month, and take a receipt for the amount paid, which receipt shall be filed with the Auditor. He shall make a final settlement on the first Monday of April, and return all unsold tax receipts to the Auditor; upon making a final settlement, and upon the return of all unsold tax receipts, he shall receive a certificate from the Auditor that he has settled in full, and that all road tax receipts issued to him have been accounted for, whereupon the Auditor shall draw his warrants in favor of the Road Overseer, upon the Treasurer, payable out of the Road Fund of the township, for fifteen per cent. of the amount collected and paid over into said fund by the Road Overseer. SEC. 9. The Road Overseer shall have the care, control, and Same. supervision of all public roads in his township. It shall be the duty of each Road Overseer to keep the public roads of his township in as good condition and repair as the amount of money collected for and apportioned to the Road Fund of his township will permit, and to this end he shall have authority to hire laborers and teams to work upon the roads, and hire or purchase ploughs, scrapers, and other implements necessary to be used in making and repairing roads; and in cases where it is necessary that a bridge or culvert should be built, or repaired, and the estimated cost of constructing and completing or repairing the same is not more than one hundred dollars, it shall be the duty of the Road Overseer to purchase the necessary material and cause such bridge or culvert to be constructed or repaired. He shall, on the first Monday of every month, make to the Board of Supervisors of said county a full and detailed report of all the debts contracted and expenses incurred for labor upon the road, for the hire of teams, for the purchase or hire of tools or implements, for the purchase of material to be used in the repair of roads, and in the repair and building of bridges and culverts, giving in such report the name of each person to whom any money is due, and for what it is due-if for labor, giving the number of days-and if for material, stating minutely the kind, quality, and price, which accounts the Road Overseer shall verify by his oath. The Supervisors of the Duties of county shall audit these accounts and shall allow to the persons who have done labor, or have furnished material, such sums of money as shall be just and reasonable. These allowances shall be certified, by the Clerk of the Board of Supervisors, to the County Auditor, who shall draw his warrants upon the County Treasurer for the amount thereof, in favor of the person to whom the same has been allowed, payable out of the Road Fund of the township for which the accounts are allowed. The Road Pay of Overseer shall be entitled to receive the sum of three and one half dollars from the Road Fund of his township for each full day Supervisors. Overseers. Building of bridges. Contraction of debts forbidden. Apportion ment. Duties of on which he shall be engaged in overseeing the labor and repairs upon the roads, and at the same rate for a portion of a day. The Road Overseer may present his account. verified by his oath, to the Board of Supervisors of said county, on the first Monday of each month, and upon its allowance by said Board, the Clerk of said Board shall certify such allowance to the County Auditor, and the County Auditor shall draw his warrants upon the County Treasurer for the amount of such allowance, in favor of such Road Overseer, payable out of the Road Fund of his township. SEC. 10. The building of bridges in any township where the estimated cost of building any such bridge shall be one hundred dollars or more, shall be let by contract by the Road Overseer to the lowest responsible bidder, after notices asking for bids or proposals for building such bridge shall have been posted in at least three public places in said township, for the space of ten days. A plan and specifications for the proposed bridge shall be filed with a Justice of the Peace of the township, and the notice aforesaid shall state with what Justice of the Peace said plan and specifications are filed, and upon what day the bids or proposals will be opened. The contract, to be binding, shall be approved by the Justice of the Peace with whom the plan and specifications were filed, which Justice of the Peace shall also open the bids or proposals. Upon the completion of the contract, and the approval of the work by the Road Overseer, he shall certify the account of the contractor to the Board of Supervisors of said county, and upon the allowance thereof by said Board, the Clerk of said Board shall certify such allowance to the County Auditor, who shall draw his warrants for the amount thereof on the County Treasurer, payable out of the Road Fund of the township where such bridge has been built. SEC. 11. It shall not be lawful for any Road Overseer to contract or create any debt, claim, or demand, against the Road Fund of his township, for any purpose whatever, which, together with the aggregate amount of already existing debts, or demands, shall exceed the amount of money in said Road Fund. SEC. 12. On the day subsequent to the day provided in this Act for the final settlement of the Road Overseers, for the tax receipts sold, the County Treasurer shall apportion, among the several township funds, the money in the Treasury derived from the tax levied upon property and received for road purposes; and such apportionment shall be made upon the basis and ratio of the number of tax receipts sold in each township. SEC. 13. It shall be the duty of the Road Overseer to take charge of and direct the work on the roads; of all foreigners refusing to pay the foreign miners' license tax, who may be reported to him by the Collector of foreign miners' licenses. Upon certificate of the Collector that such foreign miner was placed in charge of the Overseer, for refusal to pay his foreign miners' license tax, and upon the Overseer's own affidavit that such foreign miner did perform work upon the road, according to the provisions of the revenue law, the Board of Supervisors may audit and allow his account for overseeing such work, at the rate of twenty-five cents for each day's work performed by such foreign miner or miners, payable from the Road Fund of the township. SEC. 14. Wherever it shall be necessary to build a bridge on Bridges. a public road, across a stream, where it is the boundary of two townships, the cost of building such bridge shall be borne and paid equally out of the Road Fund of each of such townships; and where a new road is laid out or located, by virtue and according to the provisions of an Act entitled an Act to provide for the establishment, maintenance, and protection, of Public and Private Roads, approved May sixteenth, A. D. eighteen hundred and sixty-one, and if there is any expense for the view and survey, and any sum or sums allowed by the Board of Supervisors to any applicant or applicants, for damages, as in said Damages. Act provided, such expense of views and survey shall be paid out of the Road Fund of the township in which such road is located, if located solely in one; and if located in more than one, then, out of the Road Fund of each township in which the road is located, in proportion to the length of the road located in each; and all allowances for damages, for the taking of land for the location and establishment of a highway, under the provisions of said last mentioned Road Act, shall be paid out of the Road Fund of the township in which the land so taken, and for which the allowance is made, is situated. highway. SEC. 15. Any person or persons who shall erect or place, or Obstructing cause to be erected or placed, in any public highway, in the County of El Dorado, any fence, wall, embankment, building, structure, or any obstruction whatever, or who shall turn, or cause to run, in any highway, any stream of water, or who shall dig, or cause to be dug or excavated, any pit or hole in any highway, or any ditch or canal along or across the same, shall be deemed guilty of a misdemeanor; and, upon conviction thereof, Penalty. shall be fined in any sum not more than one hundred dollars, and may be imprisoned in the county jail of said county, at the rate of one day for each two dollars of said fine, until said fine shall be satisfied. Overseers. SEC. 16. It shall be the duty of the Road Overseer to make Duties of complaint before some Justice of the Peace of his township, of all violations of the foregoing sections of this Act; also, it shall be his duty to notify any and all persons, who have placed, or caused to be placed, any obstruction, hindrance, building, fence, structure, or impediment, of any kind, in the public highway, to remove such obstruction, hindrance, building, fence, structure, or impediment, within twenty-four hours after the service of such notice; and, if such person or persons, having placed, or caused to be placed, in any public highway, any such obstruction, hindrance, building, fence, wall, structure, or impediment, shall fail, refuse, or neglect, to remove the same, for the period of twenty-four hours after the service of such notice, then the Road Overseer of the township, taking with him the force of the county, shall proceed at once, and remove from the highway any such obstruction, hindrance, building, fence, structure, or impediment. SEC. 17. The Road Overseer now in office shall be governed by the provisions of this Act; provided, that no contracts, made Proviso. |