the road, or section or sections of the public road, by him purchased or contracted for to be improved and repaired, either to a remote township of the county or out of the county, without disposal of such contract, it shall be the duty of the Commissioner to sell the unexpired term of such purchase or contract at public sale or private contract in the manner and form herein before provided.

SEC. 9. It shall be the duty of the Road Commissioner to take the general charge and supervision of all the roads in said county, to lay out new ones or parts of ones, and vacate and alter any parts of the existing roads, if he shall think it necessary; but in no case shall he lay out a new road or part of a road, or vacate or change an existing one, unless upon a petition, in writing, setting forth the necessity for a new road or the reasons for the change or vacation of the old one, and signed by at least twelve of the inhabitants and road tax payers of the township in which such road is located or change of road is intended to be made.

vacating

SEC. 10. It shall be the duty of the Commissioner, if he Opening or shall think a new road is necessary, or the alteration or vaca- roads. tion of an existing one shall be for the public interest, upon the petition of twelve or more persons, resident taxpayers of the county or township in which such new road is intended to be located, or the alteration or vacation of an existing one shall be contemplated, praying for a public road to be laid out or changed, altered or vacated, within the township or county, or a petition signed by one or more persons praying for a private road or lane to be laid out from the rancho or dwelling of any person to the public road, to proceed to view, grade, survey and lay out the proposed new road, or make the necessary change in the old one, marking either on the ground and noting on the maps or draft, and if it passes through private lands, through whose lands it passes. He shall in no case locate any public road above a grade of eighteen inches to the sixteen and one half feet, linear measurement; and it shall be the duty of the Commissioner to procure releases, in writing, of the owners of said land through which the new road may pass, of all damages that may arise to them in opening the same; and if he shall fail to procure releases, he shall appoint three Viewers (the County Surveyor to act as one), who shall view out and locate said road, and appraise all legitimate damages arising from such location or change, and upon the return of the certificate of the Viewers, together with the location, if satisfied with the same, he shall submit the claims for damages, if there be any, by persons through whose lands the road may pass, to the Board of Supervisors for their approval; and if they shall approve the same, the Road Commissioner shall immediately declare the same to be a public highway; and he shall divide said road newly made, changed or altered, into section or sections, and record the same in his road book, and shall have the same sold, contracted or made, as provided for in section four of this Act. And in case of vacation of a road or part of a road, it shall be the duty of the Viewers appointed and acting as herein before provided, to view, survey, and report to the Commissioner, who, it favorable to the same, and if confirmed by the Board of

Compensa

tion.

Private

roads.

Payment of

Supervisors, shall declare such road vacated, and it shall cease to become a part of the public highway; and all contracts to repair said road or part of road so vacated shall be annulled by the Road Commissioner, who shall proceed to settle with the purchaser or contractor of said road.

SEC. 11. The Viewers or the Commission performing service under the provisions of this Act shall receive for their services four dollars per day for each and every day actually employed, and fifteen cents per mile necessarily traveled in going to and returning from where the contemplated road is situated, and shall be paid from the County Road Fund; provided, that all damages and expenses accruing from the location of any private road or lane shall be paid by the party or parties petitioning for said road or lane; and the Road Commissioner may, before acting upon any petition for such private road or lane, require such a bond from the party or parties so petitioning as shall in his judgment seem proper, to be held as security for all damages or expense accruing from the location of said road; liabilities upon said bonds to be collected as is provided by law in similar cases.

SEC. 12. It shall be the duty of the Commissioner to inspect contractors. the roads once in every three months; and if he shall deem the work done is sufficient and according to the contract, he shall then, if required by the contractor or contractors, draw an order on the Treasurer of the county, on the County Road Fund, subject to the approval of the Board of Supervisors, in favor of said contractor or contractors, for the amount of said work; provided, that should the contractor or contractors be dissatisfied with the decision of the Commissioner, it shall be lawful for the contractor or contractors to make application to a Justice of the Peace in said or adjoining township, who shall appoint, together with the parties, three persons competent and disinterested, not citizens of the townships in which said road is located, whose duty it shall be to make inspection of said work and report to the said Justice, whether the same has been so performed according to contract, or otherwise, whose decision shall be final and conclusive.

When roads or bridges

reported unsafe.

SEC. 13. The Road Commissioner shall have power, and it shall be his duty, to embrace in his quarterly report, hereinafter provided, a statement of the condition of all toll bridges and toll roads in the county; and when any toll bridge or toll road shall be reported to be in an unsafe condition, it shall be the duty of the Commissioner to appoint a Commission, to consist of three competent and disinterested persons, to make an examination of such bridge or road so reported to be unsafe, who shall report within three days the condition of said bridge or road; and in case the said Commission report the bridge or road unsafe, it shall be the duty of the Commissioner to suspend the further collection of toll on said bridge or road, to immediately warn the public of the danger by posting notices, in large letters, in a conspicuous place at each end of the bridge or road; and if the said bridge or road be not immediately repaired in the same or in as safe a manner as the Commission shall suggest, to the satis. faction of the Commissioner, the said Commissioner shall procure an order from the Board of Supervisors, suspending the

franchise and privileges claimed or held by the owners of said bridge or road, either from the Board of Supervisors or from the State, until the same shall be rendered safe for travel; and the Commissioner shall serve such order so obtained, with due diligence, upon the owner, agent or keeper of such toll bridge or road who shall refuse or neglect to repair the same after he shall be notified so to do as before provided, who shall collect toll for travel thereon until such road or bridge is safely repaired, shall be deemed guilty of a misdemeanor and shall be proceeded against under the law governing the prosecution for a misde

meanor.

$300.

SEC. 14. Any bridge or any section of the public highway, When exthe cost of the building or repairing of which shall exceed the use over sum of three hundred dollars, shall be exempt from sale provided under the preceding sections of this Act; provided, the keeping in repair of said bridge may be included in any contract or purchase of any public road adjacent. All contracts for the construction or repairing of any bridge, involving an expenditure exceeding the sum of three hundred dollars, shall be let by the Board of Supervisors to the lowest responsible bidder, notice of such letting to be advertised in a newspaper published in the county, at least two weeks prior to the letting, asking for sealed proposals.

SEC. 15. The Road Commissioner shall be the custodian of Public road all public property now belonging to and which shall be here- property. after donated to or purchased for the use of the public roads in Nevada County, and shall be held responsible for its loss. He shall deliver the same to his successor in office, on demand, and take a receipt of him for the same, specifying each article.

report.

SEC. 16. The Road Commissioner shall keep a correct ac- Quarterly count of all sums due or claimed to be due to any and all contractors or purchasers of sections of the public roads, and of all orders drawn by him upon the County Road Fund in favor of any and all contractors or purchasers, and of all sums expended by him in the improvement and repairs of any public road or roads sectionized and sold, when the contractor or contractors have neglected or refused to perform his or their contract; and he shall report under oath the same, together with all transactions had incumbent upon the office, in a quarterly report to the Board of Supervisors. Upon receiving such report the Board of Supervisors shall make a settlement with the Commissioner, and shall allow him, for each day of service actually and necessarily performed, six dollars per day; and for every mile necessarily travelled from the county seat, in the inspection of any and all public roads, as provided by this Act, ten cents per mile each way.

tax.

SEC. 17. Every male resident of Nevada County over twenty- Road poll one and under fifty years of age shall be required to pay to the County Assessor, or his deputy, the sum of two dollars, in the gold and silver coin of the United States, as a county road tax for the year in which said road tax shall be demanded, and shall be entitled to, and it is hereby made his duty to demand from the Assessor, or his deputy, a printed road tax receipt, signed by the Auditor and countersigned by said Assessor, or his dep

Property of delinquents

may be

attached.

uty, in return for and showing the amount so paid to such Assessor or Deputy Assessor; and any person, when so applied to, neglecting or refusing to pay such road tax, shall be considered as a delinquent, and shall be proceeded against as such, and the Assessor or his deputy shall proceed to collect of him the sum of two dollars in gold or silver coin of the United States, in the manner and form as hereinafter provided.

SEC. 18. Moneys, credits and effects of the delinquent may ins of be attached in the hands of third parties, by the Assessor or his third parties deputy, by delivering to the party having such credits, moneys or effects of the delinquent, a written order of garnishment, requiring said party to pay to the Assessor or deputy the sum of money due by delinquent; and if the person thus served with notice shall pay the amount demanded, the Assessor or deputy shall deliver to him a road tax receipt therefor, made to the name of the delinquent, to which shall be appended a receipt written by and over the signature of the said Assessor or deputy, for the costs and charges allowed said Assessor or deputy, to wit, three dollars; and the receipt thus delivered shall be a legal offset to any claim existing against the party garnished, in favor of the delinquent, to the amount specified in the receipt. aforesaid. If the person on whom the garnishment is served should neglect or refuse to pay to the Assessor or deputy the sum demanded of him, within five days after receiving such notice, the Assessor or his deputy shall apply to a Justice of the Peace of his township for an order requiring said person so served as aforesaid to be and appear before him forthwith, on a certain day named in said order, to answer under oath concerning any moneys, credits or effects in his hands belonging to the delinquent; and if it shall appear by the answer of the party, to the satisfaction of the Justice, that he has moneys, credits or effects in his hands belonging to the delinquent, the Justice shall enter in his docket a judgment against the party thus examined for the sum of five dollars and costs, two dollars of which shall be paid to the Assessor or deputy as the road tax of the delinquent taxpayer, and three dollars to the Assessor or deputy for his services. Upon receiving the sum of five dollars the Assessor or deputy shall execute a road tax receipt, made to the name of the delinquent taxpayer, for the sum of two dollars, signed by the Auditor and countersigned by himself, and to which shall be appended a receipt for the remainder, signed by himself. The judgment rendered against the person served with garnishment shall be collected in the same manner as other judgments in Justices' Courts and shall be a legal offset against the delinquent in favor of the judgment debtor.

Road tax receipts.

SEC. 19. The Clerk of the Board of Supervisors shall cause proper blank road tax receipts to be printed in book form, with marginal notes and figures, which shall in proper form declare that the amount of two dollars, in gold and silver coin of the United States, has been received from the person (writing his name) to whom the receipt is given. Said receipts, before being issued, shall be signed by the Auditor of the county, in writing, and upon delivery to the taxpayer shall be signed by the Assessor or his deputy. Said road tax receipts shall be of a uniform appearance, but the style thereof shall be changed

annually. No other receipts shall be used by the Assessor or his deputy in the collection of said road tax, and the said receipts only in the manner described.

Auditor and

SEC. 20. The Auditor shall issue to the Assessor, annually, Duties of upon his entering upon the discharge of his duties, as many Assessor. road tax receipts as he may require, signed, taking his receipt for the same; and the road tax receipts so delivered shall be accounted as so much cash paid him, at two dollars each. The Assessor shall settle with the Auditor at such times as are now provided by law for the settlement of poll tax receipts; and all road tax receipts returned by him to the Auditor shall be deducted from the amount issued to the Assessor, as aforesaid, and all moneys collected by the Assessor for road tax shall be paid by him monthly into the County Treasury for the benefit of the County Road Fund, and he shall take a receipt therefor from the County Treasurer, which he shall present to the County Auditor in his settlement with said Auditor, who shall credit the Assessor with the sums of money so paid into the County Treasury; and the Assessor shall be liable, on his official bond, Assessor if he or his deputies shall fail to assess and collect said road tax from each and every person liable to pay said tax, when such tax may and can be collected in the manner hereinbefore provided, for the full amount of said tax and costs of suit, and may be proceeded against in the manner and form now provided for by the Act for the collection of moneys due the county by the delinquency of the Collector.

liable.

SEC. 21. The Board of Supervisors shall cause a survey to Survey to be be made of all roads in the County of Nevada which have been made. declared public highways and which have not heretofore been surveyed, and such roads as have been surveyed where the field notes of such surveys have been lost, with such alterations from previous surveys, shortening the distance and lessening the grade of said roads, as the Road Commissioner may advise; and they shall cause a map to be constructed, on which the sur- Official maps veys of all public roads in the county shall be portrayed; and they shall cause the field notes of such surveys to be compiled and published in pamphlet form. They shall order a sufficient number of maps to be constructed and field notes to be printed for the use of the county, to wit: One copy of map and field notes for the use of the Board of Supervisors; one copy for the County Surveyor, and one copy for the Road Commissioner; and such maps and field notes shall be free to inspection at all reasonable hours, upon request, to any inhabitant of the county. When any public road shall connect with any toll road in a line and direction parallel with the same, the County Surveyor, in connection with the owner or agent of said toll road, shall establish the point at which such roads connect at each end of such toll road, and he shall plainly define and mark the boundaries of the same and transcribe the same in his field notes.

SEC. 22. The Board of Supervisors shall authorize the County County SurSurveyor to begin and complete, at an early day as possible, veyor. the survey of all roads within the meaning of this Act, and to prepare the maps and field notes as hereinbefore provided; and the County Surveyor shall be entitled to receive for each day of service actually and necessarily performed, for himself, twelve