SEC. 10. Any person or persons having an interest therein Contestants and who shall be dissatisfied with the decision of [the] Road to be heard. Commissioner, as provided in section nine of this Act, may appeal therefrom to the Board of Supervisors, before whom all such proceedings may be had, as provided by section nine of this Act to be had before the Road Commissioner; and upon such appeal being taken, the Road Commissioner shall, upon demand being made therefor by the party or parties interested, file with the Board of Supervisors a written statement, giving in detail the reasons for his decision, and the decision of the Board of Supervisors therein shall be final. survey. SEC. 11. In all proceedings had under sections nine and ten Payment of of this Act, so far as the same relate to the viewing out and expenses of surveying and locating new roads, the expense attending the same shall be paid by the party or parties interested; and the Road Commissioner, before proceeding to take action upon a petition for the establishment of a new road, or change or alteration of an old one, may require the parties so petitioning to make a deposit of a sum sufficient to pay for all labor and expense of the Road Commissioner and the Viewers appointed by him to assist in viewing out said road and making the appraisements and estimates, which sum shall not exceed twentyfive dollars, which shall cover all expense attending the same; and no charge therefor whatever shall be made against the county, except upon the order of the Board of Supervisors, made therefor upon petition of parties interested, filed with the Board at the time the first petition was filed with the Commissioner. SEC. 12. It shall be the duty of the Road Commissioner to Payment of inspect the roads twice in each year-that is, during the months contractors. of April and May, and November and December; and if he shall deem the work done is sufficient and according to 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 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 the same or an adjoining township, who shall appoint, together with the parties, three persons competent and not interested, 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 the contract, or otherwise, whose decision shall be final and conclusive. erty. SEC. 13. The Road Commissioner shall be the custodian of Custody of all public property now belonging to or which hereafter shall be road proppurchased for the use of the public roads in said county, and shall be held responsible for its loss. He shall deliver the same to his successor in office, and take a receipt from him for the same, specifying each article. make semi SEC. 14. The Road Commissioner shall keep a correct account commis of all sums due or claimed to be due to any and all contractors sioner to or purchasers of sections of the public roads, and all orders annual redrawn by him on the County Road Fund in favor of any and all contractors or purchasers, and of all sums expended by him ports. Collection of in the improvement and repairs of any public road or roads sectionized and sold where the contractor or contractors have refused or neglected to perform his or their contract, and of all road poll taxes collected by him, together with the names of all persons paying the same; and he shall report the same to the Board of Supervisors, under oath, in a semi-annual report, on the first Monday in January and July in each year. Upon receiv ing such report, and the same appearing satisfactory to the Board of Supervisors, they shall make a settlement with the Road Commissioner, and shall allow him for each day's services actually and necessarily performed in superintending and inspecting the work on the public highways or roads, four dollars per day; provided, the amount allowed such Road Commissioner shall not exceed in the aggreate in any one year the sum of four hundred dollars. SEC. 15. Every male inhabitant of Calaveras County over road poll tax twenty and under fifty years of age shall be required to pay to the Road Commissioner annually a road poll tax of two dollars each, and it shall be the duty of the Road Commissioner to procure from the Auditor road poll tax receipts, and shall demand and collect from each person in the county liable to pay such road tax the sum of two dollars for the current fiscal year, beginning on the first Monday in March and ending on the first Monday in March thereafter. Upon the payment of this sum he shall give such person a road tax receipt, writing thereon in ink the date of payment and the name of the person paying the same, and sign his own name thereto. If any person liable to pay such road tax shall fail or refuse to pay the same upon demand, the Road Commissioner may enforce the collection thereof in the same manner in all respects as is provided by law for the collection of State poll taxes by sections sixtysix and sixty-seven of an Act entitled an Act to provide revenue for the support of the Government of this State; and the Commissioner shall keep a list of all persons of whom he demands such tax, a list of persons who shall pay the same, and a list of names of those who have not paid such tax, with the names of the delinquents marked so as to be known and distinguished from those who have paid. Road tax receipts. Duties of SEC. 16. The Clerk of the Board of Supervisors shall cause proper road tax receipts to be printed in blank form, with marginal notes and figures, which shall declare that the amount of two dollars has been received from the person (writing his name) to whom the receipt is given. Said receipt, before being issued, shall be signed by the Chairman of the Board of Supervisors and by the Auditor of the county, in writing, and upon delivery to the taxpayer shall be signed by the Road Commissioner. Said road tax receipts shall be of uniform appearance, but the style thereof shall be changed annually. No other receipts shall be used by the Road Commissioner in the collection of said road tax, and they only in the manner prescribed by this Act. SEC. 17. The Auditor shall issue to the Road Commissioner annually, upon his entering upon the duties of his office, as many road tax receipts as he may require, duly signed, taking his receipt therefor; and the road tax receipts so delivered shall be er to make accounted as so much cash paid him at two dollars each. The Road Commissioner shall settle with the Auditor his account of road [tax] receipts quarterly on the first Mondays in the months of March, June, September and December; and all road tax receipts returned by him to the Auditor shall be deducted from the amount issued to the Road Commissioner as aforesaid, and all moneys collected by the Commissioner for road tax shall be paid by him quarterly as aforesaid unto the County Treasury, Commissionless his percentage for collecting, for the benefit of the County quarterly Road Fund; and he shall take a receipt therefor from the County payments. Treasurer, which he shall present to the County Auditor in his settlement with said Auditor, who shall credit the Commissioner with the sums of money so paid into the County Treasury; and the Road Commissioner shall be liable on his official bond if he shall fail to assess and collect said road tax from each and every person liable to pay the same, in the manner herein before provided, for the full amount of said tax and costs of suit. The Road Commissioner shall be entitled to receive fifteen per cent. upon the gross amount of road taxes he may collect. obstructing roads. SEC. 18. If any person shall wilfully obstruct any public Penalties for highway, street or lane by felling any tree across the same, or by placing any other obstructions therein, or by excavating or digging therein, or shall destroy any ford or crossing of any creek, gulch, river or stream of any character by digging away the banks or by damming, deepening or widening the same, or by filling up or in any manner injuring or destroying any gutter, sewer or culvert constructed for the purpose of conveying away water from any road, he, she or they shall be deemed guilty of a misdemeanor, and upon conviction thereof, on complaint of the Road Commissioner or other person, before any Justice of the Peace in the county, shall be punished by a fine in any sum of not less than twenty nor more than fifty dollars, or imprisoned in the County Jail not less than twenty nor more than fifty days, or by both such fine and imprisonment, in the discretion of the Court; and such person or persons so convicted shall forfeit five dollars for every day he, she or they shall suffer such obstruction to remain after he, she or they shall have been convicted and ordered by the Justice before whom the conviction was obtained to remove such obstruction, which said amount so forfeited shall be added to the fine and collected by process of execution in the same manner as other judgments are collected; provided that, if any person or persons shall wish to dig or con- Ditches may struct any ditch across any public highway, street or lane, for the purpose of conveying water for mining, mechanical, agricultural or other necessary or useful purposes, they shall be permitted to dig or construct such ditch; in which case the owner or owners of such ditch shall construct or cause to be constructed and kept in repair, at their own costs and expense, good and substantial bridges and crossings over such ditch or ditches. If the owner or owners of any such ditch or ditches shall fail or neglect to construct such bridge or crossing and keep the same in repair, he, she or they shall be liable to prosecution and fine, as hereinbefore provided in this section. be constructed. SEC. 19. The term highway, whenever and wherever used Highway. in this Act, shall be taken and construed, and is hereby declared Fines. Neglect of duty. Vacancy. Property tax for road pur poses. Disbursement. to include all bridges, fords, causeways and plank roads connected with such highway or used therewith; and the terms highways and public roads, as used in this Act, are hereby declared to be (the) synonymous terms. SEC. 20. All fines and forfeitures collected under the provisions of this Act shall be paid into the County Treasury for the benefit of the County Road Fund. SEC. 21. Suit may be brought against the Road Commissioner and his sureties, either by a citizen of the county or by the Board of Supervisors, for wilfully neglecting or refusing to perform the duties of his office, as required by this Act, or for malfeasance in office, before any Court of competent jurisdiction; and damages may be awarded against the Commissioner and in favor of the county in judgment entered against said Commissioner, which shall be collected in the manner prescribed by law, and the Board of Supervisors may suspend or remove the Commissioner. SEC. 22. Whenever a vacancy shall occur in the office of Road Commissioner, by removal from office for cause shown, by resignation, death or otherwise, the Board of Supervisors shall appoint another person to act as Road Commissioner, who shall qualify in the manner herein before prescribed, and who shall hold his office until the next general election for Road Commissioner, and until his successor is elected or appointed and qualified, unless sooner removed for cause. SEC. 23. The Board of Supervisors of said county shall have power to levy a property tax, not to exceed ten cents upon each one hundred dollars worth of taxable property within the county, for road purposes, to be levied and collected at the same time and in the same manner as other property taxes are levied and collected; and the property tax thus levied and collected shall be paid in to the County Treasurer for the benefit of the public roads of the county, and shall become a part and parcel of the County Road Fund, which may be expended by the Road Commissioner and Board of Supervisors in the manner prescribed by this Act. SEC. 24. All moneys disbursed by the County Treasurer from the County Road Fund shall be paid out on orders drawn on said fund by the Road Commissioner, with approval of the Board of Supervisors, or by order directly from the Board of Supervisors. Free of toll. SEC. 25. The Road Commissioner shall be and is hereby authorized, entitled and privileged to pass over all toll roads, turnpike roads, ferries and bridges within said county, with his animal or animals and vehicle, free of toll, at all times when in the discharge of his official duties. SEC. 26. All Acts and parts of Acts, so far as the same may conflict with the provisions of this Act, are hereby repealed. SEC. 27. This Act shall take effect and be in force from and after the first Monday in March, A. D. eighteen hundred and seventy. CHAPTER CCCCLXXIII. An Act to authorize Henry S. Dexter, administrator of the estate of Annie [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. Henry S. Dexter, administrator of the estate of Authorized. Annie B. Dexter, deceased, is hereby authorized to sell, at public or private sale, all the right or interest which the said Annie B. Dexter had in her own right at her death to the following described real estate situated in the City of San Francisco and the State of California, and more particularly described as two certain city slip lots, numbers ninety-four and ninety-five, situated on the southerly side of Commercial street, one hundred and seventy-five feet easterly from the easterly line of Drumm street, in said city. SEC. 2. No such sale shall be valid until the same shall Subject to approval of have been submitted to and approved by the Probate Judge of Probate the said City and County of San Francisco; and upon such sale, Judge. before the execution of the conveyance, the said administrator shall file in the Probate Court of the said county such a bond as said Judge may require; or if no such bond be required by said Probate Judge, then said administrator shall be liable upon his official bond for the due and proper application of the proceeds arising from such sale. SEC. 3. The said administrator, upon any such sale being Conveyance. made and approved, and upon the filing of the bond as herein before provided, if such bond shall have been required, may execute and acknowledge, and deliver to the purchaser, a good and sufficient deed of conveyance of the premises sold, which shall operate to convey all the title and interest said Annie B. Dexter had at her death to said property. SEC. 4. This Act shall take effect from and after its passage. CHAPTER CCCCLXXIV. An Act to authorize Montgomery Godley, the administrator with the will annexed of the estate of Charles G. McChesney, deceased, to sell certain land belonging to the estate of said deceased. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. Montgomery Godley, the administrator with the Authorized. will annexed of the estate of Charles G. McChesney, deceased, is hereby authorized and empowered to sell, for cash in gold coin |