the duty of the Township Trustees through whose township said road passes to cause such road to be opened within thirty days after the harvesting of such crops. roads. SEC. 8. Any person or persons desiring to establish a road Private for private use and convenience, and which is not intended for the travelling public generally, may do so by the consent of the parties owning land affected thereby; but such consent, together with a specific description of the proposed private road, and the conditions in reference to gates, inclosures or other matters agreed upon, shall be filed with the Board of Supervisors or their Clerk; and upon the filing of such consent and specific description such road shall be recorded in the Road Record of the county, and shall become, to all intents and purposes, a private road for the use of the parties interested; provided, that the parties for whose benefit such roads are established shall keep them in repair at their own expense. SEC. 9. No private or public road shall be opened, or any Claims for alteration thereof made, until all claims for damages shall have damages. been settled and determined; provided, that [if] any person over whose land such road shall pass shall fail to present his claims for damages to the Board of Supervisors as prescribed in this Act, within the time prescribed, said person shall be deemed to have dedicated the land over which such road shall pass to public use, and such person shall be forever barred from bringing any action for damages therefor, or from bringing or commencing any suit or proceedings whereby said road might be defeated and vacated. SEC. 10. The Board of Supervisors shall have power to cause Laws to be to be printed in pamphlet form such local laws as may be printed. exclusively applicable to San Mateo County, at a cost not to exceed the sum of one hundred and fifty dollars, to be paid out of the General Fund of said county. SEC. 11. Any person performing any service in this Act in Compensareference to the view, location or survey of roads, shall receive tion. as compensation the following per diem, to wit: Road Surveyor, five dollars; Viewers, three dollars each; Markers and Chainmen, three dollars each; which shall be paid as in this Act provided. of roads. SEC. 12. The Board of Trustees of the several townships of Supervision San Mateo County shall have the entire and exclusive management, control and supervision of all the public roads in said county; each township managing, controlling and supervising so much of the public roads as lie within their townships respectively; and all expenses incurred or to be incurred in the construction, repairs or keeping in order the public roads of said county shall be borne and paid by the several townships through which said roads pass-each township paying the expenses incurred in the construction and repairs of so much of said roads as may lie within their townships, respectively. SEC. 13. The Trustees of the several townships of said county Road dismay divide their several townships into not more than two road tricts. districts, and shall appoint some suitable Roadmaster for each district, who may be required by the Trustees to give such bond. for the faithful discharge of their duties as they may think proper, in the sum not exceeding eight hundred dollars, and who shall hold their office during the pleasure of the Board of Roadmasters Trustees. Said Roadmasters shall perform such labor and ser Work to be done by contract. Road tax to be levied. vices on the public roads of their respective districts as the Board of Trustees may, from time to time, by an order to be entered upon their minutes, direct; provided, that in no case shall the Board of Trustees have power to authorize the expenditure (including the per diem of such Roadmaster) by a Roadmaster, of more than fifty dollars in any one month; and said Trustees shall not have power to authorize the payment, nor shall any officer of any township be authorized to pay, out of any funds belonging to the township, any greater sum or amount for any one month to any one Roadmaster than fifty dollars; and provided further, that said Trustees shall fix the per diem that each Roadmaster shall receive, but in no case shall said per diem be greater than three dollars, to be paid out of the Road Fund of the township. All the accounts of the Roadmasters of the several townships of said county shall be passed upon, and allowed or rejected, as now provided by law. SEC. 14. The construction and all repairs and improvements necessary to be made upon the public roads and bridges of said county, the cost of which will exceed fifty dollars, shall be made by contract, let to the lowest responsible bidder after notices shall have been posted in at least two public places in the township-one of which notices shall be posted in some public place in the road district where the improvement is to be made-at least ten days before the time for opening the bids on such contract. Said notices shall state the locality of the road or bridge to be constructed, repaired or improved, the time when the several bids will be opened; and the Board of Trustees shall draw up plans and specifications of the character of the improvements or repairs to be made, which shall be left with the Clerk of the Board of Trustees for the inspection of all persons wishing to bid for the contract; and said notices shall specify where said plans and specifications can be seen. The said Board may, in their discretion, reject all bids on said contract or contracts. Said Board of Trustees shall have power, in their discretion, to let out by contract, in the same manner as is provided for the construction, repairs and improvement of public roads, the keeping in repair and good order such of the public roads, or such sections of the public roads, in their respective townships as they may see fit, and for such length of time as said Trustees may see fit, not exceeding one year. All persons entering into such contracts with said Trustees shall enter into a bond, with two good and sufficient sureties, in a sum equal to the contract price of the work to be performed, conditioned for the proper performance of such contract. SEC. 15. The Board of Supervisors of San Mateo County shall, at the time of levying the county taxes, also levy for each township, upon the taxable and assessed property therein situated, according to the assessment roll completed and equalized for the fiscal year then current, such taxes as the Trustees of the several townships-respectively shall direct, said taxes not to exceed two dollars on the one hundred dollars valuation of taxable property. Said taxes shall be collected by the same officers and in the same manner as State and county taxes, and shall be paid over to and retained in the hands of the County Treasurer, to be by him paid over to the several Boards of Township Trustees entitled thereto, and for whom said taxes were levied and collected. Said taxes, levied and collected as aforesaid, shall constitute and be known as the "Township Road Fund," and shall be applicable only to the payment of the Roadmasters, Township Trustees, Township Clerk, Township Treasurer, and for the construction, repairs and improvement of public roads and highways and the necessary expenses incidental thereto. Trustees. SEC. 16. The Township Trustees shall receive for their ser- Pay of vices, only while engaged in actual sessions of the Boards, three dollars per day, to be paid by the Township Treasurer, upon the certificate of the Township Clerk, out of the Road Fund of the township. pay only expenses. SEC. 17. Neither the Board of Trustees, nor the Board of Income of Supervisors, nor any officer, officers or authority, shall have county to power to contract any debt against any township in the County legal current of San Mateo, and no person or property therein shall ever be liable to be assessed, or be subject to taxation in any form, to provide for the payment of any debt hereafter contracted, or of any claims against any township, except such legal and proper expenses thereof as shall accrue after the commencement of the fiscal year for which the tax shall be levied; and no part of the moneys levied and collected by taxation for one fiscal year shall ever be applied towards the payment of any expenses, debt or liability incurred during any preceding fiscal year. It is moreover declared that the fiscal year commences on the first day of July and ends on the thirtieth day of June. tax. SEC. 18. The Board of Supervisors of San Mateo County Road poll shall have power to levy a road tax on all able-bodied men between the ages of twenty-one and fifty years, which tax shall not exceed the sum of four dollars, payable in gold or silver coin. The Board of Supervisors shall cause proper blank road tax receipts to be printed, of uniform appearance, which shall be numbered consecutively and signed by the Chairman thereof. No other receipts for road tax than the above mentioned shall be used in the collection of said road tax. SEC. 19. The Chairman of the Board of Supervisors, after Receipts. having numbered and signed such receipts as shall be required by the several townships, shall deliver the same to the County Auditor, taking his receipt therefor. The Auditor shall sign said road tax receipts and issue to each of the several Boards of Township Trustees such number of said receipts as may be needed by them. The Auditor shall be furnished with a well bound book by the Supervisors of the county, in which he shall keep a just and true account of debit and credit with the Trustees of each township. SEC. 20. The Roadmasters of such road district of each town- Collection. ship shall be ex officio collector of said road poll tax in his district, which shall hereafter, in all cases, be payable and collected in cash, and in United States gold and silver coin; and for that service he shall receive such commission on the amount actually Delinquents. collected as the Board of Trustees shall have previously fixed, not exceeding fifteen per cent. SEC. 21. If any person liable to pay a road poll tax under the provisions of this Act shall refuse to pay the same after personal demand made by the Road Tax Collector provided for in this Act, the Road Tax Collector shall seize so much personal property belonging to such delinquent as shall be sufficient to pay the tax and costs, and shall sell the same at public auction to the highest bidder, for cash, after giving one hour's notice by public proclamation of the time and place of sale; and in default of bidders, the sale may be postponed once or more by proclamation, not to exceed five days in all. If the person liable to pay such road poll tax shall be in the employ of any person at the time such demand shall be made as above provided for, and shall neglect or refuse to pay said road poll tax, then the said Collector shall have power, and it shall be his duty, to examine said employer under oath as to the fact whether he is indebted to said employé in any sum, and how much. If said Employers employer shall be indebted to said employé in any sum sufficient to pay said tax, then said Collector shall have power to collect the amount of said tax from said employer by the seizure and sale of personal property belonging to said employer, in the same manner as is provided for the sale of personal property belonging to the person originally liable to pay said tax; and the said employer may deduct from the wages of said employé whatever he may be necessarily compelled to pay for said tax upon settlement with said employé. Whenever any employer shall pay the road poll tax of any employé, the Road Tax Collector shall give to him paying said tax a receipt specifying the tax, the amount, and from whom paid, which receipt shall be sufficient evidence of the facts therein recited. In the event said Collectors have to resort to a sale of personal property to pay said tax, then, in addition to the percentage for collection allowed by the Board of Trustees, they shall be entitled to collect and receive out of the property so sold the additional sum of two dollars, as costs. to pay. Proceeds. used. SEC. 22. All moneys collected from road poll tax shall belong to the township in which it may be collected, and shall constitute a portion of the Road Fund of said township, and shall be paid over to the Township Treasurer as now provided by law. Receipts not All road tax receipts which shall not have been used by the several Collectors, and which may be in their possession, shall, at the regular meeting of said Trustees, in December, be delivered up to said Board of Trustees; and said Collectors shall be responsible, on their official bond, for the amount for which each tax receipt delivered to them by the Board of Trustees for collection would call for under the law, unless said tax receipt shall be re-delivered to said Board of Trustees. Obstructing SEC. 23. Any person wilfully obstructing any public or prihighways. vate road, by fencing across the same or changing the same in any manner, without first having proceeded to change the road in the manner herein before set forth, or shall obstruct any public road in any manner, or shall injure any bridge or causeway, or remove any portion thereof, or by damming or digging a creek or river or its banks so as to destroy a ford or crossing, or dig a ditch and not bridge the same the full width of the road, within twenty-four hours thereafter, by placing good and substantial timbers across the same, not exceeding six feet apart, and planking the same with plank not less than three inches in thickness and twelve feet in length, unless permission shall have been granted by the Roadmaster of the district to build a bridge of a less size (but in no case to be less than fourteen feet in width), shall be guilty of a misdemeanor, and be liable to a prosecution before any Justice of the county upon the complaint of any person, and on conviction thereof shall be fined in any sum not exceeding two hundred dollars, or be imprisoned in the County Jail, or be both fined and imprisoned. After deducting the costs of prosecution the balance of the fine shall be paid into the Treasury of the township where the misdemeanor was committed, and be placed to the credit of the Township Road Fund. SEC. 24. Sections six, nine, ten, eleven, twelve and thirteen Acts repealed. of an Act entitled an Act to organize and regulate townships in San Mateo County, and to define the respective powers, duties and compensation of county and township officers in cer tain cases, approved March twenty-second, eighteen hundred and sixty-six, are hereby repealed; and all other laws or parts of laws inconsistent or in conflict with the provisions of this Act are hereby repealed. This Act shall take effect and be in force from and SEC. 25. after its passage. CHAPTER CCLXXII. An Act to create a Contingent Fund for the County of Kern. [Approved March 25, 1868.] The People of the State of California, represented in Senate and licenses. SECTION 1. The Board of Supervisors of Kern County are Foreign hereby authorized and directed, in each and every year, to set miners' apart as a separate fund one half the proceeds of all foreign miners' license collected in said county, after deducting that portion dedicated to the School Fund thereof; which shall be known as the "County Contingent Fund," and shall be subject to the order of the Board of Supervisors in payment for necessary books, stationery, fuel, lights, postage and expressage for the use of said county. SEC. 2. This Act shall be in force from and after its passage. |