Proviso. Aggrieved parties. Hearing. assessment, then the said contractor, or his Agent, or assigns, shall publicly demand payment on the premises assessed; the warrant shall be returned to the Superintendent within ten days after its date, with a return indorsed thereon, signed by the contractor, or his Agent, or assigns, verified upon oath, stating the nature and character of the demand, and whether any of the assessments remain unpaid, in whole or in part, and the amount thereof; thereupon the Superintendent shall record the return so made, in the margin of the record of the warrant and assessment, and also the original contract referred to therein, if it has not already been recorded at full length in a book to be kept for that purpose in his office, and shall sign the record. All warrants, assessment lists, and diagrams, heretofore issued or delivered by said Superintendent to any person or persons, shall be returned to said Superintendent within sixty days from and after the approval of this Act, and in all cases where warrants shall not be returned within the sixty days limited as aforesaid, any liens created thereby shall be and are hereby released and discharged, as if the same had been paid; provided, however, that in case any warrant is lost, upon proof of such loss a duplicate can be issued, upon which a return may be made. The Superintendent is authorized at any time to receive the amounts due upon any assessment list and warrant issued by him, and give a good and sufficient discharge therefor; and he may release any assessment upon the books of his office on the production to him of the receipt of the party, or his assigns, to whom the assessment and warrant was issued; and if any contractor shall fail to return his warrant within the time and in the form provided in this section, he shall thenceforth have no lien upon the property assessed. SEC. 5. Section twelve is amended so as to read as follows: Section 12. The owner, contractor, or his assigns, and all persons, whether named in the assessment or not, and all persons directly interested in any work provided for in this Act, or in the said assessment, feeling aggrieved by any of the acts or determinations aforesaid of the said Superintendent in rela tion thereto, or having or making any objection to the correctness or legality of the assessment, shall, within fifteen days after the date of the warrant, appeal to the Board of Supervisors, as provided in this section, by briefly stating their objections in writing, and filing the same with the Clerk of said Board. Notice of the time and place of the hearing, briefly referring to the work contracted to be done, or other subject of appeal, and to the acts or determinations objected to or complained of, shall be published for five days. The said Board may correct, alter, or modify said assessment in such manner as to them shall seem just, and may instruct and direct the Superintendent to correct said warrant, assessment, or diagram in any particular, and to make and issue a new warrant, assessment, and diagram, to conform to the decisions of said Board in relation thereto, at their option. All the decisions and determinations of said Board upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to an appeal under the provisions of this section as to all errors and irregularities which said Board could have remedied and avoided. The said warrant, assessment, and diagram, shall be held prima facie evidence of the regularity and correctness of the assessment, and of the prior proceedings and acts of the said Superintendent, and of the regularity of all the acts and proceedings of the Board of Supervisors upon which said warrant, assessment, and diagram are based. SEC. 6. Section thirteen is amended so as to read as follows, to wit: owners. Section 13. At any time after the period of fifteen days from Appeal. the day of the date of the warrant as herein before provided, or if an appeal is taken to the Board of Supervisors, as is provided in section twelve of this Act, any time after five days from the decision of said Board, or after the return of the warrant or assessment, after the same may have been corrected, altered, or modified, as provided in section twelve of this Act, (but not less than fifteen days from the date of the warrant,) the contractor or his assignee may sue, in his own name, the owner of the Action lands, lots, or portions of lots assessed, on the day of the date against of the recording of the warrant, assessment, and diagram, or on any day thereafter during the continuance of the lien of said assessment, and recover the amount of any assessment remaining due and unpaid. Suit may be brought in any Court in said city and county having jurisdiction of the amount to recover which suit is brought; said Courts are hereby clothed with jurisdiction to hear and determine such actions. The said warrant, assessment, and diagram, with the affidavit of demand and nonpayment, shall be prima facie evidence of such indebtedness, and of the right of the plaintiff to recover in the action. The Court in which suit shall be commenced shall have power to adjudge and decree a lien against the premises assessed, and to order such premises to be sold on execution, as in other cases of sale of real estate by process of said Courts; and on appeal, the Appellate Court shall be vested with the same power to adjudge and decree a lien, and to order to be sold such premises on execution or decree, as is conferred on the Court from which an appeal is taken. Such premises, if sold, may be redeemed as in other cases. In all suits now pending, or hereafter to be brought, to recover street assessments, the proceedings therein shall be governed and regulated by the provisions of this Act, and also, when not in conflict herewith, by the Civil Practice Act of this State. This Act shall be liberally construed to effect the ends of justice. SEC. 7. Section twenty-one is amended to read as follows: Section 21. When any street or portion of a street has been Acceptance or shall hereafter be constructed to the satisfaction of the Com- of work. mittee on Streets, Wharves, and Public Buildings, of the Board of Supervisors, and the Superintendent of Public Streets and Highways, under such regulations as said Board shall adopt, the same shall be accepted by the Board of Supervisors, and thereafter shall be kept open and improved by the said city and county, the expense thereof to be paid out of the Street Department Fund; provided, that the Board of Supervisors shall Proviso. not accept of any portion of the street less than the entire width of the roadway (including the curbing, and one block in length, or one entire crossing.) The Superintendent of Public Superintendent. Deputies. Duties. Damages to Streets and Highways shall keep in his office a register of all accepted streets, the same to be indexed so that reference may be easily had thereto. SEC. 8. Section twenty-two is amended so as to read as follows: Section 22. The said Superintendent shall keep a public office in some convenient place, to be designated by the Board of Supervisors, and his office shall be kept open as in this Act required. He shall not, during his continuance in office, follow any other profession or calling, but shall be required to devote himself exclusively to the duties of his office. He shall be allowed, at the discretion of the Board of Supervisors, not less than three nor more than six Deputies, to be by him appointed from time to time; three of said Deputies shall receive a salary not exceeding one hundred and fifty dollars each, and three a salary not exceeding one hundred and twenty-five dollars, per month. It shall be lawful for the said Deputies to perform all or any of the duties conferred by this Act upon the Superintendent of Public Streets and Highways, under the direction of the said Superintendent, except the acceptance or approval of work done. The Superintendent of Public Streets and Highways, or his Deputies, shall superintend and direct the clearing of all sewers in the public streets, and the expense of the same shall be paid out of the Street Department Fund, in the same manner as provided for the improvements of streets that have been finally accepted as in this Act provided. SEC. 9. Section twenty-four of said Act is hereby amended to read as follows: Section 24. No recourse shall be had against said city and persons, etc. county for damage to person or property suffered or sustained by or by reason of the defective condition of any street or public highway of said city and county, whether originally existing, or occasioned by construction, excavation, embankment, or want of repair of such street or public highway, and whether such damage be occasioned by accident on said street or public highLiabilities of way, or by falling from or upon the same. But if any person, officers. Supervisors may order improvements. while carefully using any street or public highway of said city and county, graded, or in course of being graded, or carefully using any other street or public highway leading into or crossing the same, be injured, killed, lost, or destroyed, or any horses, animals, or other property, be lost, injured, or destroyed, through any defect in said street or public highway, graded, or in course of being graded as aforesaid, or by reason of any excavation or embankment in or of the same, or by falling from or upon such embankment or excavation, then the person or persons upon whom the law may impose the duty either to repair such defect or to guard the public from the excavation, embankment, or grading aforesaid, and also the officer or officers through whose official neglect such defect remained unrepaired, or said excavation or embankment remained ungraded, as aforesaid, shall be jointly and severally liable to the person or persons injured for the damages sustained. SEC. 10. The Board of Supervisors, upon receiving a petition for that purpose from the owners of a majority of the prop erty on any one or more blocks, estimating the property by the i front foot, in that portion of the City and County of San Francisco lying west of Larkin street and southwest of Ninth street, may order the grading or other improvement of such street or streets in accordance with the prayer of the petitioners, and without reference to the official width or grade of such street or streets, and in the same manner as other street improvements provided for in this Act; provided, that no street shall be raised above or cut below the official grade. SEC. 11. This Act shall take effect from and after its passage. CHAP. CCCLI.-An Act concerning Roads and Highways in the [Approved April 25, 1863.] The People of the State of California, represented in Senate and declared. SECTION 1. All roads in the County of Plumas shall be con- Public sidered as public highways which are now used as such and highways have been declared such by order of the Court of Sessions or Board of Supervisors, or which may be declared such hereafter by the Board of Supervisors of said county. to lay out, SEC. 2. Applications to lay out, alter, or discontinue public Applications or private roads within the county shall be made by petition, alter, etc. addressed to the Board of Supervisors, in writing, and shall state, with particularity, the starting point, the course, and terminus thereof, if a new road; and if an alteration, change, or discontinuance of an established road, such proposed change shall be set forth in like manner. Due notice of the presentation of a petition for a new road shall be given by posting a notice at the Court House door of the county, and at a public place nearest the starting point of the proposed road, not less than ten days before the hearing of said petition by the Board of Supervisors. If the petition is for a change or a discontinuance of any road, then by notifying, in writing, all parties who own or occupy the land over which the proposed road will be located, and the parties being on the line of said road proposed to be changed or discontinued. If the owner of the land is a non-resident of the county, and his residence and name known, then by placing a notice in the Post Office, directed to such owner, twenty days before the application shall be acted upon by the Board of Supervisors. The notice herein prescribed shall be in writing, signed by some one of the petitioners, and a verified copy of the notice shall be evidence thereof. If no objections are made to the granting of the prayer of the petitioners on its presentation and action had thereon by the Board of Supervisors, they shall appoint three Viewers, to view out and Viewers. locate the proposed road on the most practicable route, having a due regard to the quality of the ground, and the intermediate points proposed to be changed by the petitioners, also the rights of all parties interested therein. Said Viewers shall, as soon as Duties. parties. Appeal. Hearing. practicable, or at such time as the Board may direct, report to the Board of Supervisors, in writing, under oath, setting forth, specifically, the objections made by any parties affected by said alterations, and the amount of damage that will be sustained by any person by reason of laying out or changing said road. Upon such a report being made, the Board of Supervisors shall hear and determine all questions touching its location, and if decided against the party objecting to the location or change, he or they shall pay all costs; if against the petitioner or petiAggrieved tioners, he or they shall pay all costs. Parties aggrieved by the decision of the Board of Supervisors in the location, change, or alteration of the same, shall have the right of appeal to the County Court, (within the time and manner provided for appeals from judgments rendered in the Court of a Justice of the Peace,) where the matter shall be heard anew and determined; provided, that in all cases where a viewing and survey, or either, of a new or old road shall be required, the Board of Supervisors may require the party or parties asking the same to pay or secure the payment of the costs thereof, and in like manner may require the payment or security for payment of all costs for opposing the establishing, alteration, or closing up of any road; and on a final determination of the matter, may order the defeated party or parties, if an appeal be not taken to the County Court, to pay to the other party or parties all costs by him or them paid; and if such costs be not paid on the order of said Board, the party or parties to whom the same are due may sue for and recover the same in any Court of competent jurisdiction. If an appeal be taken to the County Court, such costs shall be recovered by the prevailing party or parties, in the like manner as costs on appeal are recovered. Coats. Bond of petitioners. SEC. 3. The Board of Supervisors may, in their discretion, refuse to locate or change any road petitioned for, in pursuance of section two of this Act, wherein damages may be claimed, or there is a probability that such may be awarded by the Supervisors of the county, or County Court, in the event that the prayer of the petitioners is granted, unless the petitioners shall execute a bond to The County of Plumas, signed by two or more sureties, conditioned for the payment of damages and costs awarded by the Board of Supervisors, or the County Court, in said cases, which bond shall be approved by the Board of Supervisors. The foregoing bond need not be executed unless the Board of Supervisors shall cause to be entered on their journals of proceedings an order requiring the petitioners to execute the same. In case said bond is not required, and the Board of Supervisors shall become satisfied that the public good requires that the prayer of said petitioners should be granted, and that such damages are just and reasonable, and the party or parties claiming damages are willing to accept the same in full satisfacDamages. tion of such damages, the Board may order such damages to be paid out of the County Road Fund, or Contingent Fund, or Township Road_Fund, in which the improvement is sought to be made. The Board shall require the party or parties to give a receipt for the same, and to execute a deed, or an easement, for the land used for road purposes, to the Board of Supervisors, for the benefit of the county, on or before the payment of the |